MATTER OF MELVIN BROS. v. PILGRIM PSYCHIATRIC CTR. OF THE NEW YORK STATE OFFICE OF MENTAL HEALTH


131 A.D.2d 756 (1987)

In the Matter of Melvin Brothers, Respondent, v. Pilgrim Psychiatric Center of the New York State Office of Mental Health, Appellant

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

June 22, 1987


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed on the merits.

In 1967, the petitioner was hired by the respondent as a barber, and thereafter attained permanent civil service status. In 1979, the petitioner was served with a "[n]otice of discipline" alleging misconduct and neglect of duty. In settlement of the disciplinary charges, the petitioner agreed, in writing, "to accept as a penalty a five...

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