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MTR. OF FLEMMING v. CAGLIOSTRO

53 A.D.2d 187 (1976)

In the Matter of Russell Flemming, Appellant, v. Anthony Cagliostro, as Chairman of The New York State Drug Abuse Control Commission, et al., Respondents

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

July 15, 1976

Attorney(s) appearing for the Case

Sam Resnicoff for appellant.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for respondent.

SWEENEY, MAIN, HERLIHY and REYNOLDS, JJ., concur.

GREENBLOTT, J. P.

From March 28, 1968 to May 14, 1974 petitioner occupied the competitive class position of Narcotic Correction Officer in the New York State Drug Abuse Control Commission (D.A.C.C.). Petitioner was absent from work for a substantial period of time prior to May 9, 1974, when a letter was sent to him from the Director of Personnel of D.A.C.C. which stated as follows: "Due to the fact that you have...

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