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MATTER OF NEWMAN v. FIRE DEPARTMENT OF THE CITY OF NEW YORK

47 A.D.3d 444 (2008)

850 N.Y.S.2d 51

In the Matter of JOSEPH P. NEWMAN, Appellant, v. FIRE DEPARTMENT OF THE CITY OF NEW YORK, Respondent.

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

Decided January 10, 2008.

Upon his appointment, petitioner signed an agreement that extended his one-year probationary period as a firefighter to 18 months and waived his right to a disciplinary hearing. The agreement was enforceable. Unlike the ineffective agreement in Vega v Civil Serv. Commn., City of N.Y. (385 F.Supp. 1376 [SD NY 1974]), which merely spelled out statutory rights not authorizing the appointee's termination, the instant agreement gave...

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