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MATTER OF HANSEN v. McNAMARA

196 Misc. 561 (1949)

In the Matter of Fredrik A. Hansen et al., Individually and as Members of the Fire Department Committee on the Merit System, and on Behalf of All Other Nondisabled Veterans on the Promotion Eligible List for Lieutenant, Petitioners, v. Joseph A. McNamara et al., Constituting The Municipal Civil Service Commission of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

November 4, 1949.

Attorney(s) appearing for the Case

Samuel D. Smoleff for petitioners.

John P. McGrath, Corporation Counsel (Albert Cooper of counsel), for respondents.

HECHT, J.

Section 6 of article V of the Constitution of this State provides for a preference to disabled veterans "whose disability is certified by the United States veterans administration to be in existence at the time of his or her application for appointment or promotion". (Italics supplied.) Section 21 of the Civil Service Law defines "disabled veteran", in conformity with the constitutional provision...

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