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MATTER OF KERN v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE

288 A.D.2d 674 (2001)

732 N.Y.S.2d 600

In the Matter of KENNETH H. KERN et al., Appellants, v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE et al., Respondents.

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

Decided November 15, 2001.

Cardona, P. J.

Petitioners Kenneth H. Kern and Mary Dickerson (hereinafter collectively referred to as petitioners) were former employees of the Department of Health at the Roswell Park Cancer Institute. On January 1, 1999, all Roswell Park Cancer Institute employees, including petitioners, were transferred to the Roswell Park Cancer Institute Corporation (hereinafter the corporation), a public benefit corporation created in 1997 by the Roswell Park Cancer Institute...

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