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MTR. OF JACKSON v. POSTON

40 A.D.2d 19 (1972)

In the Matter of Marilyn L. Jackson et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Ersa H. Poston et al., Constituting The Civil Service Commission of the State of New York, et al., Appellants

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

November 1, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr., and Ruth Kessler Toch of counsel), for appellants.

DeGraff, Foy, Conway & Holt-Harris (James D. Featherstonhaugh and Harold G. Beyer of counsel), for respondents.

Elrich A. Eastman for Careerists Society, Inc., amicus curiae.

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

REYNOLDS, J.

This is an appeal from a judgment of the Supreme Court, Albany County, granting petitioners' application, in a proceeding pursuant to article 78 of the CPLR, to direct respondents to strike certain material inserted in the 1970-71 announcement for the New York State Professional Careers Test and to enjoin them from making any appointments based upon the examination list for permanent appointments...

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