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MATTER OF WINSMAN v. LYONS

196 Misc. 1010 (1949)

In the Matter of George Winsman, Petitioner, v. John A. Lyons, as Commissioner of Correction of the State of New York, et al., Respondents.

Supreme Court, Special Term, Ulster County.

June 3, 1949.

Attorney(s) appearing for the Case

Robert V. Stapleton for petitioner.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Herman N. Harcourt of counsel), for respondents.

TAYLOR, J.

Prior to March 16, 1944, petitioner occupied the position of sergeant at the Institution for Male Defective Delinquents at Napanoch, New York. On that date he was temporarily appointed to the position of lieutenant at the same institution, a vacancy having occurred in that position by the appointment of one Contoit, the former incumbent, to Great Meadow Prison, Comstock, New York. The appointments of both men were characterized as "temporary...

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