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MATTER OF BIRMINGHAM v. MIRRINGTON

284 A.D. 721 (1954)

In the Matter of William H. Birmingham, Appellant-Respondent, v. Ernest W. Mirrington, Jr., et al., as Members of The City Council of the City of Niagara Falls, et al., Respondents-Appellants

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

October 27, 1954.

Attorney(s) appearing for the Case

A. Russell Leone for appellant-respondent.

Clarence W. Greenwald, Corporation Counsel (Ralph A. Boniello of counsel), for respondents-appellants.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and George H. Rothlauf of counsel), amicus curiæ, on behalf of New York State Employees' Retirement System and another.

All concur. Present — VAUGHAN, J. P., KIMBALL, PIPER, WHEELER and VAN DUSER, JJ.

VAN DUSER, J.

This is a proceeding brought under the provisions of article 78 of the Civil Practice Act. An order is sought directing the City of Niagara Falls to continue petitioner on the payroll of that city, and to pay him certain amounts of money claimed as back salary, pursuant to the provisions of section 207-a of the General Municipal Law of the State of New York.

The issues involved were referred...

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