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MATTER OF LAWSON v. CORNELIUS

38 Misc.2d 431 (1963)

In the Matter of John J. Lawson, Petitioner, v. Arthur Cornelius, Jr., as Superintendent of the New York State Police, Respondent.

Supreme Court, Special Term, Albany County.

January 24, 1963

Attorney(s) appearing for the Case

Henry Hirschberg, Edward A. Miller and Lloyd L. Rosenthal for petitioner. Louis J. Lefkowitz, Attorney-General (William C. Robbins of counsel), for respondent.

LAWRENCE H. COOKE, J.

Petitioner has instituted this article 78 (Civ. Prac. Act) proceeding in the nature of mandamus for an order restoring him "to the rank of Captain in the New York State Police as enjoyed by him on and prior to July 17, 1962."

Previously, respondent moved to dismiss the petition herein pursuant to section 1293 of the Civil Practice Act, and, at that time, only the petition being considered, said application was denied (

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