MATTER OF GERHARD v. LEVINE


55 A.D.2d 782 (1976)

In the Matter of Robert A. Gerhard, on Behalf of Himself and All Others Similarly Situated, Appellant, v. Louis L. Levine, as Industrial Commissioner of The State of New York and Administrative Head of the Department of Labor of the State of New York, Respondent

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

December 20, 1976


Petitioner, employed as a Senior Factory Inspector, Grade 16, by the New York State Department of Labor, seeks a judgment restraining the respondent from laying off petitioner and all others similarly situated pursuant to notices issued by the department. The sole issue raised on this appeal is whether the refusal of the petitioner to accept appointment in a different geographic location constitutes a waiver of his rights under subdivision 6 of section 80 of the Civil Service...

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