1 Supreme Court APPELLATE DIVISION_FIRST DEPARTMENT In the Matter of the Application of Petitioner-Appellant, 2 for an Order pursuant to Article 78 of the Civil Practice Act, against Paul B. BRENNAN, as President, and THOMAS B. DYETT and CHARLES MUZZICATO, as members constituting the Municipal Civil Service Commission of the City of New York, and FRANCIS W. H. ADAMS, as Commissioner of the Police Department of the City of New York, Respondents. 3 Statement Under Rule 234. This proceeding was commenced by the service of a petition and notice of motion on May 17, 1954, pursuant to Article 78 of the Civil Practice Act. An answer and accompanying affidavits was served on the petitioner's attorney on June 23, 1954. 4 Statement Under Rule 234. A reply and accompanying affidavits were served on the respondents' attorney on July 19, 1954. The motion was argued before the Hon. Samuel S. Gold, Justice of the Supreme Court, New York County, on July 19, 1954, and on July 20, 1954, a final order dismissing the proceedings was entered. Throughout the proceedings, the petitioners has appeared by John A. Esposito, Esq., and the respondents by Adrian P. Burke, Esq., Corporation Counsel. There has been no change in attorneys. The names of the parties to this proceeding appear in the above caption. There has been no change in parties. 5 6 Notice of Appeal. 7 SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK. In the Matter of the Application of Petitioner-Appellant, 8 for an Order pursuant to Article 78 of the Civil Practice Act, against PAUL B. BRENNAN, as President, and THOMAS B. DYETT and CHARLES MUZZICATO, as members constituting the Municipal Civil Service Commission of the City of New York, and FRANCIS W. H. ADAMS, as Commissioner of the Police Department of the City of New York, Respondents. 9 SIRS: PLEASE TAKE NOTICE that the petitioner-appellant herein hereby appeals to the Appellate Division of the Supreme Court, First Department from the Order of the Hon. Samuel M. Gold made in the above entitled proceeding and entered in the office of the Clerk of the County of New York on the 20th day of July, 1954, denying petitionerappellant's application for reinstatement as a patrolman of the Police Department of the City 10 Notice of Appeal. of New York and this appeal is taken from the whole and from each and every part of said Order. Dated, July 23rd, 1954, Brooklyn, N. Y. Yours, etc., JOSEPH A. ESPOSITO, Office & P. O. Address, 44 Court Street, Brooklyn 1, N. Y. 11 To: ADRIAN P. BURKE, Attorney for Respondents. ARCHIBALD R. WATSON, Clerk of the County of New York. 12 Present: Hon. SAMUEL M. GOLD, Justice. against The following papers numbered 1 to 14 read on this motion, argued this 19th day of July, 1954. Notice of Motion and Affidavits An- Petitioner moves for review of the revocation |