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MATTER OF PALMER v. MERGES

45 A.D.2d 758 (1974)

In the Matter of Deborah Palmer, Formerly Known as Deborah Spinner, Respondent, v. Richard Merges, as Acting Director of The Wassaic State School, Appellant

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

June 24, 1974

Judgment affirmed, with $20 costs and disbursements, on the opinion of Mr. Justice Sweeny at Special Term.

Benjamin, J., dissents and votes to reverse and dismiss the proceeding on the merits, with the following memorandum:

I consider that the transfer to a different shift constituted a reassignment, within the purview of the rules here under consideration, which enlarged petitioner's probationary...

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