Appellate Division of the Supreme Court of the State of New York April 17, 1975 (McMahon v. Levitt)

Appeal from a judgment of the Supreme Court at Special Term, entered September 11, 1973 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to direct the Comptroller to pay petitioner back salary alleged to be due him. The relevant facts are not disputed.