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MATTER OF DWORKIN v. DEC

229 A.D.2d 42 (1997)

653 N.Y.S.2d 154

In the Matter of Carl G. Dworkin, Appellant, v. New York State Department of Environmental Conservation et al., Respondents

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

January 16, 1997

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C., Albany (John R. Saccocio of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Michael Buskus of counsel), for respondents.

MERCURE, J. P., CREW III, PETERS and CARPINELLO, JJ., concur.

CASEY, J.

Petitioner received a permanent appointment in September 1978 as a Senior Attorney with respondent Department of Environmental Conservation (hereinafter DEC), a competitive class position subject to the protections of Civil Service Law § 75. In December 1979, petitioner was promoted to the position of Assistant Counsel, an exempt position under Civil Service Law § 41. Petitioner was terminated...

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