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MATTER OF MALLOY v. NEW YORK CITY HEALTH & HOSPS. CORP.

208 A.D.2d 542 (1994)

617 N.Y.S.2d 36

In the Matter of William Malloy, Appellant, v. New York City Health and Hospitals Corporation, Respondent

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

October 3, 1994

Ordered that the judgment is affirmed, with costs.

In this proceeding the petitioner is seeking to be reassigned to the Queens Hospital Center with back pay based upon allegations that he was wrongfully discharged. He claims he was discharged under the guise that his position was being abolished. Given that the respondent's decision to abolish the petitioner's position "due to budgetary restrictions" and to terminate his employment became final and binding in October...

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