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MATTER OF ORTIZ

167 A.D.2d 722 (1990)

In the Matter of the Claim of Ricardo Ortiz, Respondent. United States Department of Housing and Urban Development, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

November 21, 1990

Mercure, J.

On October 3, 1988, following an investigation and notice of charges, a determination was made to remove claimant from his employment with the United States Department of Housing and Urban Development (hereinafter HUD), effective October 14, 1988, as a result of misconduct in his employment. Claimant appealed his removal to the United States Merit Systems Protection Board (hereinafter MSPB). Because the grant of a pending application for disability...

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