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  5. 77 A.D.2d 844 (1980)
 

MATTER OF SANTARELLA v. NEW YORK CITY DEP'T OF CORR.

77 A.D.2d 844 (1980)

In the Matter of Michael Santarella, Appellant, v. New York City Department of Correction et al., Respondents

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

August 21, 1980

Modified, on the law, to the extent of substituting for penalty of dismissal of petitioner a suspension without pay for a period from the date of dismissal or such earlier date on which petitioner was suspended on these charges, if there was such a suspension, to 60 days from the date of service of a copy of this court's order, and, as so modified, affirmed, without costs and without disbursements.

In this proceeding pursuant to CPLR article 78,

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