Determination confirmed and proceeding dismissed on the merits, with costs.
Petitioner had an altercation with his superintendent on the evening of January 24, 1971. Petitioner failed to report to work thereafter and no communication was received from him until August of that year, at which time he commenced a CPLR article 78 proceeding seeking reinstatement. Subsequently, the parties came before Mr. Justice Donohoe, who found that the matter came within the purview...
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