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MATTER OF BARCLAY v. BAHOU

55 N.Y.2d 338 (1982)

In the Matter of Hartley W. Barclay, Jr., as Personnel Officer of the County of Westchester, Respondent, v. Victor S. Bahou, as President of the Civil Service Commission of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 30, 1982.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll and Shirley Adelson Siegel of counsel), for appellants.

Samuel S. Yasgur, County Attorney of Westchester County (Peter J. Holmes, Jonathan Lovett and Jane Bilus Gould of counsel), for respondent.

Edward G. McCabe, County Attorney of Nassau County (Robert O. Boyhan of counsel), for Nassau County Civil Service Commission, amicus curiae.

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

JASEN, J.

The issue raised by this appeal is whether the State Civil Service Commission may require local civil service commissions to collect State imposed application fees from persons registering to take civil service examinations.

Both the State Civil Service Commission and municipal civil service commissions are authorized by section 50 of the Civil Service Law to impose application fees on persons...

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