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SMITH v. DEPT. OF LABOR

191 Misc.2d 195 (2002)

741 N.Y.S.2d 676

In the Matter of LINDA SMITH, Petitioner, v. NEW YORK STATE DEPARTMENT OF LABOR et al., Respondents.

Supreme Court, Albany County.

April 24, 2002.

Attorney(s) appearing for the Case

Nancy E. Hoffman, Albany (Marilyn S. Dymond of counsel), for petitioner.

Eliot Spitzer, Attorney General, Albany (Jeanette Rodriguez-Morick of counsel), for respondents.

OPINION OF THE COURT

JAMES B. CANFIELD, J.

Petitioner seeks a declaration that respondents violated Civil Service Law § 72 by failing to hold a Civil Service Law § 72 (1) hearing, failing to provide petitioner with "written notice and explanations" and providing allegedly "inaccurate and misleading writings" to petitioner. Notwithstanding the absence of an administrative determination that her Civil Service Law § 72 (5) removal was improper...

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