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MATTER OF SHAFER v. REGAN

171 A.D.2d 311 (1991)

In the Matter of Howard Shafer, as President of The New York State Public Employees Federation, AFL-CIO, et al., Respondents, v. Edward V. Regan, as Comptroller of The State of New York, et al., Appellants, et al., Respondents

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

November 14, 1991

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Victor Paladino and Peter H. Schiff of counsel), for appellants.

Peter Henner for Howard Shafer and others, respondents.

WEISS and LEVINE, JJ., concur with CASEY, J. P.; MIKOLL and YESAWICH, JR., JJ., dissent in part and concur in part in a separate opinion by MIKOLL, J.

CASEY, J. P.

At issue on this appeal is whether Supreme Court erred in annulling the determination of the Civil Service Commission which classified as exempt 40 positions of municipal financial analyst in the Office of the Special Deputy Comptroller for the City of New York. A review of the record reveals the absence of a rational basis for the determination and, therefore, Supreme Court's judgment should be...

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