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MATTER OF WEISELBERG v. McNAMARA

278 A.D. 694 (1951)

In the Matter of Bernard Weiselberg, Respondent, v. Joseph A. McNamara et al., Constituting The Municipal Civil Service Commission of the City of New York, et al., Appellants

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

March 27, 1951.

The validity of the action of the department of welfare in suspending the petitioner for three days is not being challenged and is not reviewable in this proceeding. In all the facts and circumstances disclosed, the action of the municipal civil service commission with regard to petitioner's service rating was neither illegal nor arbitrary and petitioner's application for a peremptory order should have been denied.

Order...

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