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MATTER OF GARCIA v. NEW YORK CITY PROB. DEP'T

208 A.D.2d 475 (1994)

617 N.Y.S.2d 724

In the Matter of Conrad Garcia, Appellant, v. New York City Probation Department, Respondent

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

October 27, 1994

Petitioner, a probationary employee who was terminated after he received a "conditional" rating on his performance evaluation was later offered the choice of resignation in lieu of termination to protect his future employment opportunities with New York City. Petitioner chose to resign, and his resignation was accepted by respondent. Under the circumstances, we find that petitioner voluntarily resigned, and therefore, the IAS Court...

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