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


48 A.D.2d 697 (1975)

In the Matter of Stuart E. Cohen, 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, Second Department.

May 27, 1975


Judgment modified, on the law, by striking therefrom the first two decretal paragraphs, which state that the petition is granted and direct appellants to reinstate petitioner. As so modified, judgment affirmed, without costs, and matter remanded to appellants for a hearing consistent with the views herein set forth.

Petitioner was a provisional employee who was not entitled to a hearing and could have been dismissed without reason. His dismissal was grounded not upon...

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