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OBERSON v. CITY OF NEW YORK

232 A.D.2d 172 (1996)

648 N.Y.S.2d 13

James K. Oberson, Appellant, v. City of New York, Respondent

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

October 1, 1996

With respect to plaintiff's Civil Service Law § 75-b claim, we agree with the motion court that, as a matter of law, there was no indication that plaintiff's dismissal resulted from his "whistle-blowing" activities (see, Ioele v Alden Press, 145 A.D.2d 29, 34). The lack of temporal coincidence between the protected acts of submitting health and safety complaints (Civil Service Law § 75-b [2] [a]) and the suspension...

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