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MATTER OF COTTER v. WATSON

282 A.D. 292 (1953)

In the Matter of Thomas E. Cotter, Jr., Appellant, v. James S. Watson et al., Constituting The Municipal Civil Service Commission of the City of New York, et al., Respondents

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

July 7, 1953.

Attorney(s) appearing for the Case

Leopold V. Rossi (Lester G. Knopping and John H. Scully with him on the brief), for appellant.

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for respondents.

DORE, J. P., COHN and CALLAHAN, JJ., concur with BERGAN, J.; BREITEL, J., dissents in opinion.

BERGAN, J.

Petitioner was born November 4, 1922. When he was nineteen years old in 1941 he passed an open competitive examination for the position of fireman in the New York fire department and his name appeared on an eligible list promulgated in December, 1941.

On December 29, 1941, petitioner enlisted in the United States Marine Corps. He was discharged from service September 13, 1945. Six months later...

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