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MTR. OF COHEN v. LEVITT

39 A.D.2d 141 (1972)

In the Matter of Lillian Cohen et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Arthur Levitt, as Comptroller of The State of New York, et al., Respondents

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

May 25, 1972.

Attorney(s) appearing for the Case

Joseph M. Schwartz for appellants.

Louis J. Lefkowitz, Attorney-General (William J. Kogan, Ruth Kessler Toch and Robert E. Netter of counsel), for respondents.

HERLIHY, P. J., SWEENEY, SIMONS and KANE, JJ., concur.

STALEY, JR., J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered June 30, 1971 in Albany County, which dismissed petitioners' application in a proceeding under CPLR article 78 to obtain service credits pursuant to section 33 of chapter 457 of the Laws of 1970.

Petitioners are employed by the Division of Employment in the State Department of Labor and are members of the New...

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