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  5. 181 A.D.2d 285 (1992)
 

MATTER OF COHEN v. KOEHLER

181 A.D.2d 285 (1992)

In the Matter of Irwin Cohen, Appellant, v. Richard Koehler, as Commissioner of the Department of Correction of The City of New York, Respondent

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

July 16, 1992

Attorney(s) appearing for the Case

Paul L. Dashefsky for appellant.

Fred Kolikoff of counsel (Denise Scotto with him on the brief; O. Peter Sherwood, Corporation Counsel, attorney), for respondent.

ELLERIN, WALLACH and RUBIN, JJ., concur; MURPHY, P. J., and ASCH, J., dissent in an opinion by MURPHY, P. J.

Per Curiam.

The record in this matter is noteworthy for its omissions not its contents. At issue is whether the Department of Correction acted in good faith in terminating petitioner's status as a probationary correction captain or whether the action was taken in retaliation for the filing of an employment discrimination complaint alleging anti-Semitism against an Assistant Deputy Warden.

The essential facts are...

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