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MATTER OF SMITH v. NOEPPEL

204 Misc. 49 (1953)

In the Matter of Raymond J. Smith, Petitioner, v. Michael C. Noeppel, as Commissioner of Police of The City of Buffalo, et al., Respondents.

Supreme Court, Special Term, Erie County.

April 2, 1953.

Attorney(s) appearing for the Case

Derrick C. Banning for petitioner.

Fred C. Maloney, Corporation Counsel (Elmer S. Stengel of counsel), for respondents.

WARD, J.

This is an application for an order pursuant to article 78 of the Civil Practice Act, restoring the petitioner, Raymond J. Smith, to his former position in the police department of the City of Buffalo. Prior to his separation from the Buffalo police department and since January 2, 1950, the petitioner occupied the office of captain in the Buffalo police department.

On March 5, 1952, a verdict...

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