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MATTER OF RAMOS v. DEP'T OF MENTAL HYGIENE OF THE STATE OF NEW YORK

34 A.D.2d 925 (1970)

In the Matter of Emily F. Ramos, Respondent, v. Department of Mental Hygiene of the State of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 16, 1970

Contrary to the holding of the Special Term, made on the papers and without a trial, that petitioner had not been advised of her progress in her work as required by subdivision (i) of section 4.5 of the Rules and Regulations of the Department of Civil Service (4 NYCRR 4.5[i]), the petition itself discloses that petitioner was advised of her progress during her probationary period. A trial is required, nevertheless, of the petitioner's principal allegation not passed upon...

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