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MTR. OF BYRNE v. McCOY

29 N.Y.2d 440 (1972)

In the Matter of Peter J. Byrne, Respondent, v. Thomas F. McCoy, as State Administrator of the Judicial Conference of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided January 13, 1972.

Attorney(s) appearing for the Case

Lawrence N. Marcus for appellant.

Stephen W. Schlissel for respondent.

Judges BURKE, SCILEPPI, BERGAN and BREITEL concur; Chief Judge FULD and Judge GIBSON taking no part.

JASEN, J.

In this article 78 proceeding, petitioner, a Court Clerk in charge of Special Term, Part V, of the Tenth Judicial District (Nassau and Suffolk Counties), seeks to have his classification changed from Court Clerk III to Court Clerk IV, claiming that he performs the same functions in the unified court system as the court clerks in the matrimonial parts at Special Term in New York and Kings Counties, who...

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