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  5. 36 N.Y.2d 766 (1975)
 

SULLIVAN v. DEP'T OF SOC SERVS. OF THE CITY OF NEW YORK

36 N.Y.2d 766 (1975)

Brendan Sullivan, Appellant, v. Department of Social Services of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 24, 1975.

Attorney(s) appearing for the Case

Gerald J. Barre, Stephen F. Gordon and David J. Agatstein for appellant.

Adrian P. Burke, Corporation Counsel (Francis F. Caputo and L. Kevin Sheridan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

By a letter dated December 23, 1971 respondent attempted to notify appellant that, pursuant to rule 6.4.6 of the Rules of the City Civil Service Commission of the City of New York, his absence since November 23, 1971 was deemed to constitute a resignation from his position of caseworker. In an article 78 proceeding seeking reinstatement and restoration to payroll, a judgment was made at a Special Term on January...

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