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MATTER OF SMITH v. CONWAY

198 Misc. 886 (1950)

In the Matter of Harry Smith, Petitioner, v. J. Edward Conway et al., Constituting The Civil Service Commission of the State of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

November 24, 1950.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Irving L. Rollins of counsel), for J. Edward Conway and others, constituting the Civil Service Commission, and others, respondents.

John P. McGrath, Corporation Counsel (Frank A. Piazza, Michael J. Kilcommons and Helen R. Cassidy of counsel), for Lazarus Joseph, as Comptroller of the City of New York, respondent.

Samuel Resnicoff for petitioner.

WALTER, J.

Petitioner was duly appointed clerk to a Judge of the Court of General Sessions. He was removed from his position by that Judge without notification of charges against him or a hearing. He is an honorably discharged veteran, having served in the Army of the United States in World War II, and he claims that because of that fact section 22 of the Civil Service Law protects him from removal except for...

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