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MATTER OF MILLER v. RAVITCH

60 N.Y.2d 527 (1983)

In the Matter of Kenneth Miller, Appellant, v. Richard Ravitch, as Chairman of the New York City Transit Authority, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 15, 1983.

Attorney(s) appearing for the Case

Joel Field for appellant.

Richard Dreyfus and Richard K. Bernard for respondents.

Chief Judge COOKE and Judges JONES, MEYER, SIMONS and KAYE concur with Judge WACHTLER; Judge JASEN concurs in a separate opinion.

WACHTLER, J.

In this article 78 proceeding petitioner contends that his employer terminated his probationary appointment to a supervisory position because of a physical disability, and thus discriminated against him in violation of this State's Human Rights Law (Executive Law, § 296). The trial court dismissed the petition without a hearing on the ground that petitioner...

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