Legal Opinion

Fay v. Lyons

Appellate Division of the Supreme Court of the State of New York

Decided May 13, 1953PublishedCited by 4 opinions

1Opinion of the CourtFoster, P. J.

An appeal from an order and judgment of the Supreme Court, which dismissed the appellant’s petition for an order under article 78 of the Civil Practice Act, directing the Civil Service Commission to restore him to his former position as the foreman of a brush shop in Sing Sing Prison, and to place his name on the payroll to receive back salary from April 22, 1948, to June 5, 1951.

Many of the salient facts are undisputed. Appellant was in the competitive branch of the State civil service, and employed as an industrial foreman in the Department of Correction and assigned as a foreman in the…

2Cases cited4 opinions

  1. Matter of Coombs v. EdwardsNew York Court of Appeals · 1939
  2. Amsterdam City Hospital v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1951
  3. Salisbury v. RogersAppellate Division of the Supreme Court of the State of New York · 1937
  4. Bramer v. Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1936

3Cited by4 opinions

  1. Gerber v. New York City Housing AuthorityNew York Court of Appeals · 1977
  2. Bentley v. HenningerAppellate Division of the Supreme Court of the State of New York · 1960
  3. Schmidt v. MacedonioNew York Supreme Court · 1965
  4. Rice v. Board of Education of Central High School District No. 2New York Supreme Court · 1963

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