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MATTER OF DOLAN v. WHALEN

49 N.Y.2d 991 (1980)

In the Matter of Andrew P. Dolan, Appellant, v. Robert P. Whalen, as Commissioner of the New York State Department of Health, Respondent.

Court of Appeals of the State of New York.

Decided April 29, 1980.

Attorney(s) appearing for the Case

Andrew P. Dolan, appellant pro se.

Robert Abrams, Attorney-General (Carl E. Stephan and Shirley Adelson Siegel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner argues in his brief in this court that as a veteran he was protected by section 75 (subd 1, pars [a], [b]) of the Civil Service Law from termination of his position without a hearing. Although his brief in this court makes that argument it was not advanced in either court below and the record contains nothing to establish that...

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