JOHNSON v. DOWNSTATE MED CENT


52 A.D.2d 357 (1976)

In the Matter of Percy Johnson, Appellant, v. Director, Downstate Medical Center, State University of New York, Respondent

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

June 1, 1976


Attorney(s) appearing for the Case

Mailman & Volin, P. C. (William P. Volin of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (David L. Birch and Samuel A. Hirshowitz of counsel), for respondent.

GULOTTA, P. J., HOPKINS, LATHAM and MARGETT, JJ., concur.


SHAPIRO, J.

In a proceeding pursuant to CPLR article 78 to review the termination of petitioner's employment for alleged unauthorized absence, he appeals from a judgment of the Supreme Court, Kings County, entered October 29, 1975, which denied the petition and dismissed it "in all respects". We reverse and order his reinstatement.

THE ISSUES

Two issues are raised by this appeal. The first,...

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