MATTER OF BERGER v. CHU


107 A.D.2d 111 (1985)

In the Matter of Roger Berger et al., Appellants, v. Roderick G. W. Chu, as Commissioner of The Department of Taxation and Finance and as President of The Tax Commission of the Department of Taxation and Finance of the State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 28, 1985


Attorney(s) appearing for the Case

Elsen & Fields (Samuel Fields of counsel), for appellants.

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for respondents.

MAIN, CASEY, YESAWICH, JR., and LEVINE, JJ., concur.


MAHONEY, P. J.

The facts are essentially undisputed. Each of the four petitioners was employed on a permanent status in the position of excise tax investigator with respondent State Department of Taxation and Finance. By letters dated April 12, 1983, respondent Roderick G. W. Chu, Commissioner of the State Department of Taxation and Finance, notified petitioners that their positions were being abolished and...

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