MATTER OF CARROLL v. NEW YORK STATE CANAL CORPORATION


51 A.D.3d 1389 (2008)

857 N.Y.S.2d 415

In the Matter of DONALD JAMES CARROLL, Respondent, v. NEW YORK STATE CANAL CORPORATION et al., Appellants.

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

Decided May 2, 2008.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this proceeding seeking to annul the determination that terminated his probationary employment as a tender captain with respondent New York State Canal Corporation. Supreme Court erred in directing the parties to conduct discovery in anticipation of a hearing and in denying the request of respondents...

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