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MATTER OF BUONO v. BAHOU

47 N.Y.2d 957 (1979)

In the Matter of Richard Buono et al., Appellants, v. Victor S. Bahou et al., Constituting the New York State Civil Service Commission, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 3, 1979.

Attorney(s) appearing for the Case

Peter R. Kehoe for appellants.

Robert Abrams, Attorney-General (William J. Kogan and Jeremiah Jochnowitz of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court, Albany County, with directions to remand to the State Civil Service Commission for a hearing.

While we are in agreement with the Appellate Division that respondent State Civil Service Commission could act, pursuant to section 25 of the Civil Service Law, to rescind the appointments of petitioners...

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