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MATTER OF FOY v. BRENNAN

285 A.D. 669 (1955)

In the Matter of John Foy et al., Respondents, v. Paul P. Brennan et al., Constituting The Municipal Civil Service Commission of the City of New York, et al., Appellants

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

April 26, 1955.

Attorney(s) appearing for the Case

Irving L. Rollins of counsel (Wendell P. Brown with him on the brief; Nathaniel L. Goldstein, Attorney-General, attorney), for Civil Service Commission of State of New York, appellant.

Harold L. Warner of counsel (Edward L. Cox, Jr., with him on the brief; Harold L. Warner, attorney), for New York City Transit Authority, appellant.

W. Bernard Richland of counsel (Bernard Friedlander with him on the brief; Adrian P. Burke, Corporation Counsel, attorney), for Municipal Civil Service Commission of the City of New York and others, appellants.

Sidney A. Fine of counsel (Morris Weissberg and Lester G. Knopping with him on the brief; Sidney A. Fine, attorney), for respondents.

BASTOW and BOTEIN, JJ., concur with BREITEL, J.; COHN, J., dissents, in part, in opinion in which PECK, P. J., concurs.

BREITEL, J.

Petitioners, car maintainers on the municipal subways in New York City, bring this proceeding under article 78 of the Civil Practice Act. Attacked as invalid are certain resolutions, classifying positions of car maintainers and allocating salaries to such positions. The resolutions were adopted in 1942 and 1943 by the municipal civil service commission, one without the approval of the Mayor and the...

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