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NURENBERG v. WARD

51 A.D.2d 1022 (1976)

Joseph Nurenberg, Respondent, v. Benjamin Ward, as Commissioner of The New York State Department of Correctional Services, et al., Appellants

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

March 15, 1976

Judgment reversed, on the law, the last sentence of subdivision c of section 70 of the Retirement and Social Security Law is declared to be constitutional, and the petition is otherwise dismissed on the merits, without costs or disbursements. No questions of fact were presented by this appeal.

Petitioner, a licensed psychiatrist, was employed in his professional capacity at a State facility and had acquired tenure. Pursuant...

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