Opinion
February 13, 1973
Order and judgment (one paper), Supreme Court, New York County, entered March 7, 1972, unanimously reversed, on the law, without costs and without disbursements, and the petition dismissed. Petitioner's service in the Army Reserve was not service in time of war contemplated by section 6 of article V of the State Constitution and section 85 Civ. Serv. of the Civil Service Law. ( Matter of Rahill v. Bronstein, 40 A.D.2d 636; Scott v. Bronstein, 40 A.D.2d 955; General Construction Law, § 13-a.)
Concur — McGivern, J.P., Nunez, Murphy, Capozzoli and Macken, JJ.