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MATTER OF BURKE v. SUGARMAN

35 N.Y.2d 39 (1974)

In the Matter of Joseph M. Burke et al., Appellants, v. Jule Sugarman, as Commissioner of the Department of Social Services and Administrator of the Human Resources Administration of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 15, 1974.

Attorney(s) appearing for the Case

A. Bernard King for appellants.

Adrian P. Burke, Corporation Counsel (Irving Cohen and Milton H. Harris of counsel), for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur; Judge STEVENS taking no part.

Chief Judge BREITEL.

In an article 78 proceeding, petitioners, candidates for promotion on an eligible list, alleged that city administrative agencies had ignored the applicable list in making appointments or designations to the position of Supervisor III (Welfare) in the New York City Department of Social Services. Petitioners appeal as of right on constitutional grounds from an order affirming the judgment dismissing...

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