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BERGAMINI v. TRANSIT AUTH.

94 A.D.2d 441 (1983)

In the Matter of Carl Bergamini, Respondent, v. Manhattan and Bronx Surface Transit Operating Authority et al., Appellants

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

June 21, 1983

Attorney(s) appearing for the Case

Carla Lowenheim of counsel (Richard K. Bernard, attorney), for appellants.

Eugene M. Kaufman for respondent.

KUPFERMAN, J. P., LYNCH and MILONAS, JJ., concur with SANDLER, J.; ASCH, J., dissents in an opinion.

SANDLER, J.

Petitioner was employed by Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) as a chemist on or about September 3, 1973. On April 1, 1980 petitioner was promoted, on a one-year probationary basis, to the position of senior chemist. In that capacity he was assigned to work on an experiment with a fuel additive. The experiment was prematurely terminated when, alleging insufficient notice, the supplier failed to provide on a timely...

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