MATTER OF ALBANO v. KIRBY


43 A.D.2d 570 (1973)

In the Matter of John J. Albano, Respondent, v. James E. Kirby, as Commissioner of Suffolk County Department of Social Services, et al., Appellants

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

November 12, 1973


We have treated this appeal as one from a judgment in favor of petitioner (CPLR 7804, subd [e]) and, therefore, the appeal is properly before us. Order (judgment) reversed, on the law, without costs, and motion to dismiss the petition granted. A most unusual course was followed by the litigants in this proceeding. Essentially the issue is a simple one. Petitioner was hired by the Suffolk County Department of Social Services in January, 1971 and discharged on May 7, 1971....

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