MARLOW v. TULLY


100 A.D.2d 786 (1984)

Nicholas Marlow, Respondent, v. James Tully, as Commissioner of The New York State Department of Taxation and Finance, Appellant

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

April 12, 1984


¶ In this article 78 proceeding commenced in December, 1979, the petitioner alleged his appointment to the position of parimutuel examiner in the Taxation and Finance Department on May 10, 1979. He was subsequently terminated in October of 1979. Petitioner claims such termination was arbitrary and capricious. ¶ Special Term granted a cross motion by respondent to dismiss the petition (with the grant of one week's back pay to petitioner). This court reversed that...

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