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WERNHAM v. MOORE

121 A.D.2d 297 (1986)

Michael A. Wernham, Appellant, v. Paul Moore, Jr., as President of The Board of Managers of the Episcopal Mission Society in the Diocese of New York, et al., Respondents

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

June 19, 1986

The plaintiff, an 11-year employee with the rank of supervisor of a group home for children, was dismissed, allegedly on the ground that he violated a directive that he be available while on vacation to cope with any emergency. The plaintiff claims that he was so available.

The matter has previously been before us on the question of State action (77 A.D.2d 262), wherein, in an opinion by the Presiding Justice, plaintiff was permitted...

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