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MATTER OF GAVIGAN v. McCOY

37 N.Y.2d 548 (1975)

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

Court of Appeals of the State of New York.

Decided October 21, 1975.

Attorney(s) appearing for the Case

John I. Coster for appellant.

Michael Colodner and Michael R. Juviler for respondent.

Judges JASEN, JONES and WACHTLER concur with Judge GABRIELLI; Judge FUCHSBERG dissents and votes to reverse in a separate opinion; Chief Judge BREITEL and Judge COOKE taking no part.

GABRIELLI, J.

The principal issue presented is whether the performance by petitioner, while an Assistant Special Deputy Clerk in the Bronx County Court, of the duties of a law assistant, entitled him to be reclassified to the position and title of Law Assistant II, following the 1962 court reorganization (NY Const, art VI, § 35).

Prior to the 1962 court reorganization (for a brief history see

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