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MATTER OF KERR v. WEISENBERG

49 N.Y.2d 870 (1980)

In the Matter of Raymond B. Kerr, Respondent, v. Harvey Weisenberg, as President of the City Council of the City of Long Beach, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 25, 1980.

Attorney(s) appearing for the Case

David N. Hilgendorff, Corporation Counsel (Paula E. Kennedy of counsel), for appellants.

Bernard Freemont for respondent.

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

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for our review should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (65 A.D.2d 815), to which we add only that relinquishment of rights conferred by section 81 of the Civil Service Law may result, on a sufficient demonstration, from an abandonment without...

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