MATTER OF KINNEY v. MILLER


37 A.D.2d 684 (1971)

In the Matter of Anne J. Kinney, Respondent, v. Alan D. Miller, as Commissioner of Mental Hygiene, et al., Appellants

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

June 25, 1971


Order unanimously modified, without costs, and matter remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum:

In this article 78 proceeding which seeks an order reinstating petitioner to her position as an attendant at the Rome State School, it is alleged that petitioner's removal was obtained by threat and duress, and that her resignation was not voluntarily made. The alleged threats of barring her from collecting...

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