MATTER OF MILLER v. RAVITCH


130 A.D.2d 579 (1987)

In the Matter of Kenneth Miller, Respondent, v. Richard Ravitch et al., Appellants

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

May 11, 1987


Ordered that the order and judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

The petitioner was a probationary Assistant Station Supervisor and was subsequently demoted to his former position as Railroad Clerk because he was found to be unfit for the supervisory position by virtue of his heart condition. The testimony adduced at the hearing disclosed that the petitioner's medical condition...

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