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MATTER OF SMITH v. MAC MURRAY

52 A.D.2d 637 (1976)

In the Matter of Alexander Smith et al., Appellants, v. Richard I. Mac Murray, as President of The City Council of the City of Long Beach, et al., Respondents

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

April 26, 1976

Judgment reversed, on the law, with $50 costs and disbursements, petition granted, cross motion denied, and respondents are directed to reinstate petitioners, with back pay, less the amount of compensation earned in any other employment or occupation and any unemployment benefits they may have received.

No findings of fact were presented for review. By virtue of passing civil service examinations, petitioners were appointed...

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