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MATTER OF SMITH v. NEW YORK CITY DEPARTMENT OF CORRECTION

292 A.D.2d 198 (2002)

739 N.Y.S.2d 666

In the Matter of KENNETH SMITH, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTION, Respondent.

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

Decided March 7, 2002.

Petitioner remained a probationary employee at the time of his dismissal since his probationary period was extended by the number of days that he was absent from duty (see, Matter of Skidmore v Abate, 213 A.D.2d 259, 260; Tomlinson v Ward, 110 A.D.2d 537, 538, affd 66 N.Y.2d 771; Department of Correction Rules and Regulations § 3.30.20 [b]...

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