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PEREZ v. HUMAN RIGHTS

71 A.D.2d 150 (1979)

In the Matter of Edward P. Perez, Petitioner, v. New York State Human Rights Appeal Board, Respondent

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

December 6, 1979

Attorney(s) appearing for the Case

Arthur V. Graseck, Jr., for petitioner.

Robert Abrams, Attorney-General (Lawrence J. Logan and Shirley Adelson Siegel of counsel), for Department of Mental Hygiene.

MAHONEY, P. J., KANE and STALEY, JR., JJ., concur with SWEENEY, J.; HERLIHY, J., concurs in a separate opinion.

SWEENEY, J.

Petitioner was employed in a probationary position as a trainee at the Kings Park Psychiatric Center, which is under the jurisdiction of the Commissioner of Mental Health (Mental Hygiene Law, § 7.17). In June, 1977 the employer was informed that petitioner had previously been arrested and charged with the crime of criminal sale of a controlled substance in the fifth degree in violation of section...

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