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MATTER OF LENHARD v. KIRWAN

53 A.D.2d 782 (1976)

In the Matter of Frederick Lenhard, Respondent, v. William E. Kirwan, as Superintendent of New York State Police, Appellant. (Proceeding No. 1.) In the Matter of John P. Dunning et al., Respondents-Appellants, v. William G. Connelie, as Superintendent of New York State Police, Appellant-Respondent. (Proceeding No. 2.)

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

June 17, 1976

We are here concerned with two separate appeals involving the correct answer to a question designated as No. 20 on a promotional examination given on February 22, 1975 for the position of Sergeant of the New York State Police. For convenience and clarity we will refer to one appeal as "Lenhard" and the other as "Dunning". Question No. 20 reads as follows: "A husband, in response to a plea of his incurably ill wife, intentionally...

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