Following unsatisfactory reports evaluating his service during 1978 as a probationary hearing officer for the Department of Social Services, petitioner was notified of his termination effective January 17, 1979. Upon learning that he had become permanent through expiration of his probationary period, he commenced a CPLR article 78 proceeding to prevent his discharge. A written stipulation of settlement was made whereby petitioner agreed to resign effective June 29, 1979 ...
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