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MATTER OF RATHBURN v. KINCHEN

90 A.D.2d 971 (1982)

In the Matter of Janice A. Rathburn, Respondent, v. Robert P. Kinchen, as Director of Onondaga County Public Library, et al., Appellants

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

November 9, 1982

Judgments unanimously reversed, with costs, determination modified by annulling penalty imposed and otherwise determination confirmed, and matter remitted to appellant Kinchen for imposition of an appropriate penalty, in accordance with the following memorandum: Although Special Term should have transferred the proceeding to the Appellate Division (CPLR 7803, subd 4; 7804, subd [g]), since the record is now before this court, we...

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