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RAMEAU v. CANNON

141 A.D.2d 454 (1988)

Serge Rameau, Respondent, v. Levester Cannon, as Director of The Bronx Borough Developmental Services Branch of the New York State Office of Mental Retardation and Developmental Disabilities, Appellant

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

June 28, 1988

On this record, it was error to annul respondent's determination terminating petitioner's services as a case manager with the Bronx Borough Developmental Services, a division of the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD), and directing his reinstatement. While the record contains substantial evidence that petitioner's performance was marginal, at best, and that his termination as a probationer was based solely on poor performance...

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