MATTER OF MOTTIRONI v. AXELROD


133 A.D.2d 948 (1987)

In the Matter of Vilma Mottironi, Appellant, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Respondents

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

October 22, 1987


Mahoney, P. J.

Petitioner was a research physician employed by the Department of Health when, on September 10, 1985, she was notified that her position, Research Physician I (Immunology), was to be abolished for budgetary reasons effective October 1, 1985. Petitioner was advised of her right to "retreat" to the position of Research Physician III, but she declined. Petitioner instituted a grievance proceeding pursuant to the collective bargaining agreement...

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