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MATTER OF SMITH v. CITY OF NEW YORK

213 A.D.2d 309 (1995)

624 N.Y.S.2d 166

In the Matter of Charles Smith, Appellant, v. City of New York et al., Respondents

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

March 28, 1995

After petitioner was terminated as a sanitation worker, shortly before the end of his probationary period, he began this CPLR article 78 proceeding seeking recission of that determination and reinstatement to his former position. The Supreme Court found that there was no rational basis for the respondents' determination and found for the petitioner in a memorandum decision dated June 27, 1990, which directed the parties to "settle...

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