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MATTER OF FAY v. LYONS

202 Misc. 789 (1952)

In the Matter of Charles J. Fay, Petitioner, v. John A. Lyons, as Commissioner of Correction of The State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

January 2, 1952.

Attorney(s) appearing for the Case

De Graff, Foy, Conway & Holt-Harris for petitioner.

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

BOOKSTEIN, J.

This proceeding, brought pursuant to article 78 of the Civil Practice Act, seeks a direction to the defendants to pay to the petitioner his full salary in the position of industrial foreman in the State Department of Correction from April 21, 1948, to June 5, 1951, a period during which the petitioner was on suspension without pay, and during which time he performed no services for the State.

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