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MTR. OF MAYE v. LINDSAY

41 A.D.2d 127 (1973)

In the Matter of Michael J. Maye, Individually and as President of Uniformed Firefighters Association, Local 94, International Association of Firefighters, AFL-CIO, et al., Respondents, v. John Lindsay, as Mayor of The City of New York, et al., Appellants, and Simeon Golar, as Chairman of The Housing Authority of the City of New York, Respondent

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

March 8, 1973.

Attorney(s) appearing for the Case

Edmund H. Hennefeld of counsel (Stanley Buchsbaum with him on the brief; Norman Redlich, Corporation Counsel), for appellants.

Stuart Linnick of counsel (Robert A. Kennedy, Murray A. Gordon and Leslie Trager with him on the brief; Doran, Colleran, O'Hara & Dunne, attorneys for Michael J. Maye; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys for Edward J. Kiernan; Kaye, Scholer, Fierman, Hays & Handler, attorneys for Harold H. Melnick; Murray A. Gordon, P. C., attorney for Raymond W. Gimmler; Gladstone & Lowell, attorneys for Joseph L. Balzano), respondents.

NUNEZ and KUPFERMAN, JJ., concur with STEVENS, P. J.; CAPOZZOLI, J., dissents in an opinion, in which LANE, J., concurs.

STEVENS, P. J.

The various petitioners, suing individually and as presidents of their respective organizations, commenced this article 78 proceeding to enjoin respondents from proceeding with a scheduled examination for positions as Aides Model Cities (M.C.) in the Fire and Police Departments and the Housing Authority, to enjoin the establishment of such positions, and to declare unlawful and unreasonable any...

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