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  5. 46 N.Y.2d 814 (1978)
 

MATTER OF RANDOLPH v. NEW YORK CITY DEP'T OF SOC SERVS.

46 N.Y.2d 814 (1978)

In the Matter of Howard Randolph, Respondent, v. New York City Department of Social Services et al., Appellants.

Court of Appeals of the State of New York.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Paul T. Rephen and Leonard Koerner of counsel), for appellants.

Jeffrey L. Kriesberg, Stephen F. Gordon and Gerald J. Barre for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order reversed, without costs, and the petition dismissed on so much of the dissenting opinion by Mr. Justice VINCENT A. LUPIANO at the Appellate Division in Matter of Franchina v Codd (46 N.Y.2d 816 decided herewith) as is concerned with the substantive issues arising under subdivision 2 of section 80 of the Civil Service Law and rule 6.2.1 of the New York City Civil Service Commission (57 A.D.2d 394...

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