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MATTER OF SULLIVAN v. HOBERMAN

34 A.D.2d 6 (1970)

In the Matter of Francis J. Sullivan, Respondent, v. Solomon Hoberman et al., Constituting the Department of Personnel and The Civil Service Commission of the City of New York, et al., Appellants

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

March 26, 1970.

Attorney(s) appearing for the Case

Leonard Koerner of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for appellants.

Michael J. Horowitz of counsel (Murray A. Gordon, attorney), for respondent.

MARKEWICH and TILZER, JJ., concur with McNALLY, J.; McGIVERN, J. P., dissents in opinion.

McNALLY, J.

The question presented is whether petitioner, an honorably discharged member of the armed forces of the United States who was disabled in the actual performance of duty during war and receiving disability payments therefor from the United States Veterans Administration, was within the ambit of section 6 of article V of the State Constitution and section 85 of the Civil Service Law, when he applied for...

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