MATTER OF FISCHER v. HONGISTO


75 A.D.2d 973 (1980)

In the Matter of Gregory J. Fischer, Respondent, v. Richard D. Hongisto, as Commissioner of The Department of Correctional Services of the State of New York, et al., Appellants

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

May 29, 1980


The petitioner was appointed a correction officer trainee on October 31, 1977 and duly notified that his probationary period would be 52 weeks, the maximum allowable under 4 NYCRR 4.5 (a) (2) (ix), and due to expire October 31, 1978. As the result of an on-the-job injury, the petitioner missed work from May 17, 1978 to June 9, 1978, a period conceded to be 24 calendar days or 16 work days. On August 1, 1978, as a result of the petitioner...

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