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MTR OF CASTNER v. GRIFFITH

166 Misc.2d 578 (1995)

631 N.Y.S.2d 1018

In the Matter of Thomas G. Castner, Petitioner, v. David L. Griffith, as Fire Chief of the City of Rochester, et al., Respondents.

Supreme Court, Monroe County.

September 15, 1995

Attorney(s) appearing for the Case

Joseph S. Damelio, Rochester, for petitioner. Linda S. Kingsley, Corporation Counsel of Rochester (Jeffrey Eichner of counsel), for respondents.

ANDREW V. SIRACUSE, J.

Petitioner in this CPLR article 78 proceeding was hired in January 1995, as a probationary firefighter. He was discharged several months later, while still on probation, after he informed the City that he had moved to the suburban Town of Gates. Petitioner's discharge followed an investigation — triggered by his notice of a new address — that revealed that he had moved out...

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