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IN THE MATTER OF SMITH

28 A.D.3d 846 (2006)

812 N.Y.S.2d 696

In the Matter of the Claim of KEITH E. SMITH, Appellant. NEW YORK CITY DEPARTMENT OF HEALTH & MENTAL HYGIENE, Respondent; COMMISSIONER OF LABOR, Respondent.

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

April 6, 2006.

Spain, J.

Claimant was employed as the Assistant Commissioner of Human Resources for the New York City Department of Health and Mental Hygiene from January 5, 2004 until May 14, 2004. Shortly after he was hired, claimant made a number of unpopular decisions involving the transfer and termination of staff members. As a result, the employer received anonymous letters complaining about claimant, including one containing an implied threat. In addition, claimant received...

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