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MTR. OF McDERMOTT v. FORSYTHE

188 A.D.2d 173 (1993)

In the Matter of Joseph E. McDermott, as President of The Civil Service Employees Association, Inc., et al., Respondents, v. Dall Forsythe, as Director of The Division of Budget, et al., Appellants

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

March 4, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Lew A. Millenbach and Nancy A. Spiegel of counsel), for appellants.

Nancy E. Hoffman, Albany (Maureen Siedel of counsel), for respondents.

WEISS, P. J., YESAWICH JR., CREW III and CASEY, JJ., concur.

LEVINE, J.

Petitioners, other than the President of the Civil Service Employees Association, Inc., are employees of respondent agencies who were approved for reclassification to newly created civil service titles of Secretary I or Secretary II. In this CPLR article 78 proceeding, they challenge as arbitrary and capricious and a denial of equal protection respondents' administrative determination to establish...

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