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MATTER OF MENA v. D'AMBROSE

44 N.Y.2d 428 (1978)

In the Matter of Daniel Mena, Jr., et al., Respondents-Appellants, v. Alphonse E. D'Ambrose et al., Constituting the Civil Service Commission of the City of New York, et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided May 11, 1978.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan of counsel), for Alphonse E. D'Ambrose and others, appellants-respondents.

John A. Murray, Alphonse E. D'Ambrose and Helen R. Cassidy for David Yunich, appellant-respondent.

Ronald H. Shechtman and Murray A. Gordon for respondents-appellants.

Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Chief Judge BREITEL dissents in part and on respondents' appeal votes to reverse and dismiss the petition in a separate opinion in which Judges JASEN and JONES concur.

MEMORANDUM.

The order of the Appellate Division is modified in accordance with the following memorandum. In this article 78 proceeding petitioners sought an order directing respondents to certify them for appointment and also to direct their appointment to the position of captain in the New York City Transit Police Department. In the alternative an order enjoining the termination of the eligible list was sought. On the basis...

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