MATTER OF GREANEY v. POSTON


77 Misc.2d 884 (1974)

In the Matter of John Greaney, Petitioner, v. Ersa H. Poston et al., Constituting the Civil Service Commission of the State of New York, Respondents.

Supreme Court, Special Term, Albany County.

March 1, 1974


Attorney(s) appearing for the Case

De Graff, Foy, Conway & Holt-Harris for petitioner. Louis J. Lefkowitz, Attorney-General (Jack W. Hoffman and Robert W. Imrie of counsel), for respondents.


JAMES GIBSON, J.

Objection in point of law no. 2 sustained and petition dismissed, without costs.

That the employer is a necessary party to his employee's article 78 proceeding brought, basically, to accomplish the employee's reinstatement in the employment seems too clear to require extended discussion (CPLR 1001). Necessarily, and as a matter of course, the employer — the Comptroller —...

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