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MATTER OF MATHIS v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

CA 10-01459.

81 A.D.3d 1435 (2011)

917 N.Y.S.2d 490

In the Matter of DEMAR MATHIS, Respondent, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Appellant. (Appeal No. 2.)

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

Decided February 18, 2011.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination terminating his employment as a correction officer for failure to complete his probationary period in a satisfactory manner. Supreme Court granted the petition, annulled the determination, reinstated petitioner in his former position...

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