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MATTER OF FAY v. LYONS

282 A.D. 90 (1953)

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

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

May 13, 1953.

Attorney(s) appearing for the Case

John T. DeGraff for appellant.

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

BERGAN, COON, HALPERN and IMRIE, JJ., concur.

FOSTER, P. J.

An appeal from an order and judgment of the Supreme Court, which dismissed the appellant's petition for an order under article 78 of the Civil Practice Act, directing the Civil Service Commission to restore him to his former position as the foreman of a brush shop in Sing Sing Prison, and to place his name on the payroll to receive back salary from April 22, 1948, to June 5, 1951.

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