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MATTER OF DAMINO v. SHAPIRO

50 A.D.2d 888 (1975)

In the Matter of Robert W. Damino, Respondent, v. Isidore Shapiro, as Commissioner of The Department of Mental Health of Nassau County, et al., Appellants

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

December 29, 1975

Judgment affirmed, with costs, upon the opinion of the late Mr. Justice Liff at Special Term.

Martuscello and Cohalan, JJ., dissent and vote to reverse the judgment and dismiss the petition, with the following memorandum:

It is uncontroverted that appellants did not afford petitioner a hearing on the charges against him within 30 days from May 12, 1975, the date upon which he was suspended without pay pursuant to section 75 of the Civil Service Law. At the...

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