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MATTER OF BRENNER v. McCOY

37 A.D.2d 1007 (1971)

In the Matter of Leo Brenner, Respondent, v. Thomas F. McCoy, as State Administrator of The Judicial Conference of the State of New York, Appellant

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

November 3, 1971

This appeal has been transferred from the Appellate Division, Second Department, pursuant to CPLR 5711. Respondent, of course, is entitled to be reclassified upon the basis of the competitive status he earned by examination, and the duties he lawfully performed in such status prior to reclassification (Matter of Aronson v. McCoy, 33 A.D.2d 183, 186, app. dsmd. 27 N.Y.2d 613). The test is what respondent...

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