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MATTER OF HERRING v. O'NEILL

Index No. 101312/18. Appeal No. 13217. Case No. 2020-01120.

191 A.D.3d 601 (2021)

143 N.Y.S.3d 341

2021 NY Slip Op 01199

In the Matter of James Herring, Respondent, v. James P. O'Neill et al., Appellants.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Eva L. Jerome of counsel), for appellants.

Worth, Longworth & London, LLP, New York ( Kyle R. Silverstein of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.

Petitioner was not entitled under Military Law § 243(9) to receive credit towards his dismissal probationary period for the time he was absent on military duty, because the statute is clear on its face that it applies only to probationary periods related to "any position" "to which [an officer] may ... be appointed or promoted" (Military Law § 243[9]; see Matter of DeFrancis v D'Ambrose, 57 A.D...

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