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MATTER OF GIOIA v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION

267 A.D.2d 145 (1999)

700 N.Y.S.2d 183

In the Matter of ANTHONY GIOIA, Appellant, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

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

Decided December 21, 1999.

The IAS Court correctly determined that this proceeding seeking petitioner's reinstatement to his former probationary position as construction laborer with respondent was timebarred, since petitioner failed to commence the proceeding within four months of his termination (Matter of De Milio v Borghard, 55 N.Y.2d 216). In any case, petitioner, as a probationary employee, was terminable without a hearing at the discretion of respondent...

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