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MTR. OF GAVIGAN v. McCOY

45 A.D.2d 356 (1974)

In the Matter of Hugh J. Gavigan, Jr., Respondent, v. Thomas F. McCoy, as State Administrator of the Judicial Conference of The State of New York, Appellant

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

July 18, 1974.

Attorney(s) appearing for the Case

Michael V. Juviler (Michael Colodner of counsel), for appellant.

Szold, Schapiro & Coster (John I. Coster of counsel), for respondent.

STALEY, JR., J. P., SWEENEY and MAIN, JJ., concur with KANE, J.; COOKE, J., dissents and votes to affirm in an opinion.

KANE, J.

In this article 78 proceeding, petitioner seeks a reclassification of his position after court reorganization to that of a Law Assistant II. His petition therefor was previously dismissed by this court (Matter of Gavigan v. McCoy, 36 A.D.2d 563), but remanded on further appeal (Matter of Gavigan v. McCoy, 30 N.Y.2d 787

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