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MATTER OF TIPTON v. SUFFOLK COUNTY CIVIL SERV. COMM'N

43 A.D.2d 841 (1974)

In the Matter of William Tipton et al., Respondents, v. Suffolk County Civil Service Commission, Appellant, et al., Respondent

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

January 14, 1974

Judgment reversed, on the law, with $20 costs and disbursements, and proceeding remitted to the Trial Term for further proceedings consistent herewith. Following the service of the petition, appellant moved to dismiss the proceeding for legal insufficiency.

The court decided the merits of the petition in favor of petitioner, without deciding appellant's motion. That motion should have been decided before the court reached the merits of the petition.

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