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  5. 63 N.Y.2d 918 (1984)
 

MATTER OF MARLOW v. TULLY

63 N.Y.2d 918 (1984)

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

Court of Appeals of the State of New York.

Decided October 25, 1984.

Attorney(s) appearing for the Case

Nicholas J. Marlow, appellant pro se.

Robert Abrams, Attorney-General (Andrea Green of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Appellant, formerly a pari-mutuel examiner in the State Department of Taxation and Finance, by this article 78 proceeding seeking reinstatement, challenges his termination as unlawful, arbitrary and capricious. Appellant was appointed May 10, 1979 and terminated October 10, 1979. Prior to his appointment, appellant completed a form indicating...

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