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MATTER OF O'REILLY v. GRUMET

284 A.D. 440 (1954)

In the Matter of Stephen P. O'Reilly et al., Appellants, v. Jacob Grumet, as Commissioner of The Fire Department of the City of New York, Respondent

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

June 21, 1954.

Attorney(s) appearing for the Case

Murray A. Gordon of counsel (Bernard Jacobson and Paul Wilensky with him on the brief; Daniel & Bernard Jacobson, attorneys), for appellants.

Victor J. Herwitz of counsel (Seymour B. Quel with him on the brief; Adrian P. Burke, Corporation Counsel, attorney), for respondent.

PECK, P. J., DORE and BASTOW, JJ., concur with BOTEIN, J.; COHN, J., dissents and votes to affirm in opinion.

BOTEIN, J.

Petitioners, who are captains in the fire department of the City of New York, appeal from an order denying their application under article 78 of the Civil Practice Act for an order to review and annul the determination of the fire commissioner designating them to perform the duties of battalion chiefs and to restrain the respondent commissioner from continuing to designate them for such out-of-grade...

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