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  5. 68 N.Y.2d 253 (1986)
 

MATTER OF MONTERO v. LUM

68 N.Y.2d 253 (1986)

In the Matter of Richard Montero, Appellant, v. John C. Lum, as Director of the Harlem Valley Center Division for Youth, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 16, 1986.

Attorney(s) appearing for the Case

Thomas D. Mahar, Jr., for appellant.

Robert Abrams, Attorney-General (Christopher Keith Hall, O. Peter Sherwood, Kent L. Mardon and J. Gardner Ryan of counsel), for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Judge KAYE concurs in a separate concurring opinion in which Judge MEYER also concurs.

TITONE, J.

Following his termination without a hearing, petitioner commenced this article 78 proceeding seeking reinstatement to his former civil service position as a Youth Division Aide IV at the State Division for Youth Harlem Valley Secure Facility. The principal question presented in this proceeding is whether petitioner's period of probationary service should be deemed to have commenced on the date he actually...

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