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  5. 68 N.Y.2d 978 (1986)
 

MATTER OF NEW YORK CITY DEP'T OF SANITATION v. NEW YORK CITY CIVIL SERV. COMM'N

68 N.Y.2d 978 (1986)

In the Matter of New York City Department of Sanitation, Appellant, v. New York City Civil Service Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1986.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Kristin M. Helmers, Leonard Koerner and Stephen J. McGrath of counsel), for appellant.

Richard Biaggi and Carlos J. Cuevas for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum; Judge KAYE taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court, New York County, with instructions to remand to the New York City Civil Service Commission for imposition of an appropriate penalty.

Appellant McCormick was dismissed from his job as a New York City Sanitation Department employee for violations of departmental sick leave policies. The New York...

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