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MATTER OF CACCHIOLI v. HOBERMAN

31 N.Y.2d 287 (1972)

In the Matter of Robert L. Cacchioli, Respondent, v. Solomon Hoberman et al., Constituting the City Civil Service Commission et al., Appellants.

Court of Appeals of the State of New York.

Decided November 2, 1972.

Attorney(s) appearing for the Case

John A. Murray, John G. de Roos and Helen R. Cassidy for appellants.

Nathan R. Shapiro for respondent.

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

Chief Judge FULD.

The court is unanimous in holding — as set forth in that portion of the concurring opinion denominated part I (pp. 289-293) — that the New York City Transit Authority Police Department would not have been justified in discharging the petitioner on the ground that his failure to divulge his youthful offender adjudication on his job application questionnaire did not constitute a...

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