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MTR. OF DELLECESE v. BURKE

60 Misc.2d 572 (1969)

In the Matter of Robert B. Dellecese, as Commissioner of Assessment and Taxation of the City of Utica, et al., Petitioners, v. William Burke et al., Constituting the Civil Service Commission of the City of Utica, Respondents.

Supreme Court, Oneida County.

May 2, 1969

Attorney(s) appearing for the Case

Fred Nassar, Corporation Counsel, for petitioners. Gorman, Waszkiewicz, Lutz & Durso for respondents.

JAMES H. O'CONNOR, J.

The petitioners bring this article 78 proceeding to annul as arbitrary and capricious the action of the respondents, the Civil Service Commission of the City of Utica, New York, in placing the petitioners' Department of Assessment and Taxation in the competitive class of the classified service.

Local Law No. 5 of 1963 of the City of Utica, County of Oneida, State of New York, created the office of Commissioner

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