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  5. 37 N.Y.2d 177 (1975)
 

MATTER OF PALMER v. MERGES

37 N.Y.2d 177 (1975)

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

Court of Appeals of the State of New York.

Decided June 11, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), for appellant.

Thomas D. Mahar, Jr. for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge GABRIELLI concurs in a separate opinion.

Chief Judge BREITEL.

In an article 78 (CPLR) proceeding, petitioner seeks reinstatement and recognition of her tenure as a Mental Hygiene Assistant Therapist Aid at the Wassaic State School. Respondent, the school's acting director, summarily dismissed petitioner after having employed her for eight weeks beyond the maximum probationary term in what was asserted to be a different work shift at the school's infirmary...

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