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MTR. OF MORRISON v. HOBERMAN

31 A.D.2d 331 (1969)

In the Matter of George H. Morrison et al., Appellants, and Joseph Mirro et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Appellants, v. Solomon Hoberman, as Acting Personnel Director of The City of New York, et al., Respondents, and Thomas A. Maguire, as President of Local Unions 15, 15a, 15b, 15c, 15d, International Union of Operating Engineers, AFL-CIO, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 11, 1969.

Attorney(s) appearing for the Case

Morris Weissberg for appellants.

Joan Stern Kiok of counsel (Julius Topol, attorney), for intervenors-appellants.

Eric J. Byrne of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for Solomon Hoberman and others, respondents.

Robert D. Brady of counsel (Corcoran & Brady, attorneys), for intervenor-respondent.

EAGER and CAPOZZOLI, JJ., concur with STEVENS, P. J.; NUNEZ, J., dissents in opinion in which McGIVERN, J., concurs.

STEVENS, P. J.

This is an appeal by petitioners and intervenors-petitioners from a judgment entered August 19, 1968, dismissing petitions in which appellants sought reclassification from the title of Oiler to the title of Oiler (Portable) or, additionally, as to intervenors-petitioners a judgment that an amendment of March 10, 1964 be rescinded.

Petitioners are Oilers employed by the City of New York...

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