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MTR. OF NOLAN v. TULLY

52 A.D.2d 295 (1976)

In the Matter of Robert J. Nolan et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. James H. Tully, Jr., as Commissioner of The Department of Taxation and Finance of the State of New York, Respondent. James E. Spellman et al., Intervenors-Respondents

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

May 27, 1976

Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris (John T. DeGraff of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for respondent.

Francis Bergan for intervenors-respondents.

SWEENEY, KANE, MAHONEY and LARKIN, JJ., concur.

KOREMAN, P. J.

This appeal is limited to those petitioners who were in positions in the noncompetitive class of the civil service as estate tax attorneys (part-time), some of whom were removed from their positions, and others who state that respondent intends to replace them in the near future. Petitioners have not been served with charges for incompetency or misconduct, nor have they been granted a hearing pursuant...

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