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MTR. OF CARTER v. BD. OF SUPERVISORS

25 N.Y.2d 420 (1969)

In the Matter of Stanley Carter et al., Respondents, v. Board of Supervisors of the County of Nassau, Appellant.

Court of Appeals of the State of New York.

Decided December 3, 1969.

Attorney(s) appearing for the Case

Morris H. Schneider, County Attorney (L. Charles Leonard and A. Thomas Levin of counsel), for appellant.

James R. Moffatt for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN and GIBSON concur with Judge BURKE; Judge BREITEL dissents in part and votes to modify in a separate opinion in which Judge JASEN concurs.

BURKE, J.

Respondent-appellant, the Board of Supervisors of the County of Nassau ("Board"), appeals from an order of the Appellate Division, Second Department, which reversed a judgment of the Supreme Court, Nassau County, denying petitioners-respondents' ("petitioners") application for a judgment pursuant to CPLR article 78 requiring the board to reclassify them from salary grade 15, step 2, to grade 15, step...

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