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RAO v. GUNN

73 N.Y.2d 759 (1988)

Salvatore D. Rao, Respondent, v. David Gunn, as President of the New York City Transit Authority, et al., Appellants, et al., Respondent.

Court of Appeals of the State of New York.

Decided November 29, 1988.

Attorney(s) appearing for the Case

Kenneth Howard Schiffrin, Albert C. Cosenza and George S. Grupsmith for appellants.

Kathleen Doyle and Stuart Salles for Salvatore D. Rao, respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SIMONS dissents and votes to affirm in an opinion.

MEMORANDUM.

The judgment of Supreme Court appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the determination of the New York City Transit Authority reinstated.

Petitioner, a permanent civil service employee of the New York City Transit Authority, was properly notified, pursuant to Civil Service Law § 75 (2), that the Transit Authority was initiating...

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