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FORAN v. CAWLEY

77 Misc.2d 809 (1973)

Philip J. Foran, as President of the Captains Endowment Association, et al., Petitioners, v. Donald F. Cawley, as Police Commissioner of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

October 17, 1973

Attorney(s) appearing for the Case

Schofield & Dienst (Richard A. Dienst of counsel), for petitioners. Norman Redlich, Corporation Counsel (John Nachazel of counsel), for respondents.

JACOB MARKOWITZ, J.

This is a petition, pursuant to article 78 of the CPLR to restrain the Police Commissioner and the Police Department from reducing petitioner James McEvoy from the rank of Deputy Inspector to the rank of Captain, and for related relief.

Declaratory relief is also sought for the benefit of an unspecified class claimed to be similarly situated to petitioner McEvoy. Since, however, the...

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