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Jackson v. Schechter

2 A.D.2d 970 Court N.Y. App. Div. Decision date 1956-12-18 English

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p. 970
In the Matter of Malcolm W. Jackson et al., Appellants, against Joseph Schechter et al., Constituting the Department of Personnel, City Civil Service Commission, et al., Respondents.

Order unanimously affirmed, with $20 costs and disbursements to the respondents. While it is not incumbent upon petitioners, in order to sustain their position, to show that operators are performing all the duties of dispatcher, their claim here must nevertheless be rejected since they have failed to show that the operators are performing the fundamental duties of a dispatcher, which are in the main supervisory in nature. Concur — Botein, J. P., Rabin, Frank, Valente and Bergan, JJ.