McDermott v. Johnson

The original petition herein was dismissed by Roberts, J., with permission to amend (Matter of McDermott v. Johnson, 1 Misc 2d 55), and petitioners served an amended petition. Respondent, Superintendent of the Department of Public Works of the State of New York, has moved to dismiss the amended petition, wherein petitioners seek a review under article 78 of the Civil Practice Act of the act of respondent in removing them from positions of employment in his department. The motion is made upon the ground that it appears upon the face of the amended petition that the proceeding was not brought…