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MATTER OF KAHN v. CITY OF NEW YORK

Index No. 159834/2018. Appeal No. 11869. Case No. 2019-4350.

186 A.D.3d 1159 (2020)

129 N.Y.S.3d 332

2020 NY Slip Op 05139

In the Matter of MD Nayeem Kahn, Appellant, v. City of New York et al., Respondents.

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

Decided September 29, 2020.

Respondent is not prohibited from considering the past discontinuance of petitioner's probation in assessing his eligibility for employment, and assignment of the problem code based upon the discontinuance of his probationary employment is neither arbitrary nor capricious (see Matter of Pepin v New York City Dept. of Educ., 148 A.D.3d 443 [1st Dept 2017], lv denied 29 N.Y.3d 912 [2017])...

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