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MATTER OF SCHWAB v. BOWEN

80 Misc.2d 763 (1975)

In the Matter of John Schwab et al., Petitioners, v. Richard J. Bowen, as City Manager of the City of Long Beach, et al., Respondents.

Supreme Court Special Term, Nassau County.

January 3, 1975

Attorney(s) appearing for the Case

Roth, Koval & Woods for petitioners. Morris H. Schneider, Corporation Counsel (Guazzo, Silagi & Craner, P. C., of counsel), for respondents.

JAMES F. NIEHOFF, J.

In this proceeding pursuant to CPLR article 78, petitioners seek to enjoin respondents from discharging them as employees of the City of Long Beach.

Respondents have moved to dismiss the petition on the ground that it fails to state a cause of action. Although the propriety of an article 78 proceeding is questionable (see, e.g., Matter of Corbeau Constr. Corp. v. Board of Educ...

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