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MATTER OF POLLAK v. CONWAY

276 A.D. 435 (1950)

In the Matter of Samuel Pollak, on Behalf of Himself and All Others Similarly Situated, Appellant, v. J. Edward Conway et al., Constituting the Civil Service Commission of The State of New York, Respondents

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

March 8, 1950.

Attorney(s) appearing for the Case

Harold Dublirer for appellant.

Nathaniel L. Goldstein, Attorney General (Wendell P. Brown, Solicitor General and John C. Crary, Jr., of counsel), for respondents.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.

BERGAN, J.

The petitioner had been provisionally employed as a payroll auditor in the State Insurance Fund. On December 3, 1948, the State Civil Service Commission announced an open competitive examination for junior accounting positions. It was announced as being intended for "Professional and Technical Assistant — Accounting Specialty".

The same examination was announced as including the position...

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