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IN THE MATTER OF BAYER v. NEW YORK STATE DEPARTMENT OF LABOR

28 A.D.3d 865 (2006)

812 N.Y.S.2d 691

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

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

April 6, 2006.

Mercure, J.

In May 2003, petitioner was promoted to a probationary position as an associate safety and health engineer at respondent Department of Labor. After this appointment, petitioner oversaw all work in the Department's asbestos unit, including the asbestos regulation project of his coworker, Rosita DiCioccio. On July 7, 2004, the Department instituted two charges of misconduct against petitioner pursuant to Civil Service Law § 75, alleging that he subjected...

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