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MATTER OF CSEA v. WETZLER

161 Misc.2d 403 (1994)

613 N.Y.S.2d 822

In the Matter of Civil Service Employees Association, Inc., Local 1000, Afscme, AFL-CIO, Petitioner, v. James W. Wetzler, as Director of the New York State Department of Taxation and Finance, et al., Defendants.

Supreme Court, Albany County.

June 2, 1994

Attorney(s) appearing for the Case

Nancy E. Hoffman, Albany (Paul S. Bamberger of counsel), for petitioner. G. Oliver Koppell, Attorney-General, Albany (Lawrence L. Doolittle of counsel), for defendants.

JOSEPH C. TERESI, J.

In this CPLR article 78 proceeding, petitioner, Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, claims that they (excise tax investigators) are exempt from the requirement to obtain a pistol license, pursuant to Penal Law § 265.20 (a) (1) (b), because they are defined as "police officers" under CPL 1.20 (34) (q).

Respondent opposes the motion.

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