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MATTER OF O'DAY v. YEAGER

284 A.D. 754 (1954)

In the Matter of John I. O'Day, Appellant, v. Charles T. Yeager, as Surrogate of Erie County, Respondent, and Robert W. McNulty, Intervener-Respondent

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

November 10, 1954.

Attorney(s) appearing for the Case

John I. O'Day, appellant in person.

Elmer R. Weil, County Attorney (Wortley B. Paul of counsel), for respondent.

Michael Catalano for intervener-respondent.

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

Per Curiam.

This is an article 78 proceeding for the reinstatement of petitioner as clerk of the Surrogate's Court of Erie County. The respondent Surrogate has made an order purporting to revoke petitioner's appointment as clerk. No charges were filed, and no hearing was held. Petitioner, an honorably discharged veteran of World War II, claims the protection of section 22 of the Civil Service Law.

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