MATTER OF MALLWITZ v. STATE


88 A.D.2d 786 (1982)

In the Matter of William G. Mallwitz, Respondent-Appellant, v. State of New York et al., Appellants-Respondents

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

May 21, 1982


Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Inasmuch as we find no merit to petitioner's cross appeal and no reason for not proceeding expeditiously with the administrative hearing, we vacate the stay of the disciplinary proceeding. Respondents' answer raises factual issues pertaining to whether petitioner, through his own dilatory conduct, has forfeited his claim to back pay under subdivision 3 of section...

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