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CLARK v. COMR. OF SOC SERV.

53 A.D.2d 122 (1976)

Henry Clark et al., Respondents, v. Commissioner, New York State Department of Social Services, Appellant

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

July 8, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for appellant.

Mailman & Volin, P. C. (Stanley Mailman of counsel), for respondents.

GREENBLOTT, J. P., SWEENEY, MAIN and REYNOLDS, JJ., concur.

HERLIHY, J.

Each of the petitioners was appointed to a permanent position in the Department of Social Services subject to a probationary period of not less than 8 weeks nor more than 26 weeks. The certificate of appointment contained language indicating that the appointment would not be permanent until completion of the maximum period. The petitioners were discharged by notice prior to the completion of the 26...

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