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MTR OF MANGIARACINA v. BEAME

54 A.D.2d 418 (1976)

In the Matter of Charles Mangiaracina, Respondent, v. Abraham D. Beame, Individually and as Mayor of The City of New York, et al., Appellants

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

December 2, 1976

Attorney(s) appearing for the Case

Irving Cohen of counsel (L. Kevin Sheridan with him on the brief; W. Bernard Richland, Corporation Counsel), for appellants.

John F. Mills of counsel (Robert A. Kennedy with him on the brief; Doran, Colleran, O'Hara, Pollio & Dunne, P. C., attorneys), for respondent.

MURPHY, J. P., BIRNS and CAPOZZOLI, JJ., concur with LANE, J.; SILVERMAN, J., dissents in an opinion.

LANE, J.

Petitioner was employed in the position of Investigator for the Department of Probation from December 1, 1969 to November 23, 1973, at which time he was appointed to the title of Probation Officer Trainee.

When petitioner was notified that he and all others holding the position of Probation Officer Trainee were being terminated because of the budgetary crisis in the City of New York, petitioner...

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