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IN THE MATTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD

8 A.D.3d 796 (2004)

778 N.Y.S.2d 214

In the Matter of CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

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

June 10, 2004.

Carpinello, J.

Following a one-year probationary period in the position of Grade 6 Laborer with respondent State University of New York — College at Oswego (hereinafter the University), Odilon Martinez was informed by two supervisors that he failed probation and was being returned to his former Grade 5 Cleaner position. Unwilling to go back to this position, Martinez went to the University's human resources office that same day and resigned. The University...

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