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MATTER OF WILLIAMS v. COMMISSIONER OF THE OFFICE OF MENTAL HEALTH OF THE STATE OF NEW YORK

259 A.D.2d 623 (1999)

686 N.Y.S.2d 788

In the Matter of HENRY WILLIAMS, Appellant, v. COMMISSIONER OF THE OFFICE OF MENTAL HEALTH OF THE STATE OF NEW YORK et al., Respondents.

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

Decided March 15, 1999.

Ordered that the judgment is affirmed, with costs.

In May 1996, in order to settle pending disciplinary charges relating to an extensive history of absenteeism, the petitioner entered into an agreement pursuant to which he would be permitted to continue his employment in a probationary capacity, and pursuant to which he acknowledged that, during the stipulated probationary period, he could be terminated "without recourse to Article 33 of the State-CSEA Agreement or...

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