Berman v. Gillroy

This is a proceeding by petitioner, instituted pursuant to article 78 of the Civil Practice Act to annul the determination made dismissing him from his position of civil engineer in the department of housing and buildings of the City of New York, and directing his reinstatement, with back salary, and for such other relief as to the court may seem just and proper.

The petitioner is a civil service employee. He is not a veteran; he held a position subject to competitive examination.

On October 9, 1948, the petitioner, who also used the name Martin Bernfeld, was taken into custody and brought to a…