Legal Opinion

Smith v. New York City Department of Correction

Appellate Division of the Supreme Court of the State of New York

Decided March 7, 2002PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Michael Stallman, J.), entered February 21, 2001, which denied petitioner’s application, brought pursuant to CPLR article 78, to annul the termination of his employment and dismissed the proceeding, unanimously affirmed, without costs.

Petitioner remained a probationary employee at the time of his dismissal since his probationary period was extended by the number of days that he was absent from duty (see, Matter of Skidmore v Abate, 213 AD2d 259, 260; Tomlinson v Ward, 110 AD2d 537, 538, affd 66 NY2d 771; Department of Correction Rules and Regulations §…

2Cases cited8 opinions

  1. MATTER OF SWINTON v. SafirNew York Court of Appeals · 1999
  2. Tomlinson v. WardAppellate Division of the Supreme Court of the State of New York · 1985
  3. MATTER OF TOMLINSON v. WardNew York Court of Appeals · 1985
  4. Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  5. Garcia v. BrattonNew York Court of Appeals · 1997

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3Cited by6 opinions

  1. Witherspoon v. HornAppellate Division of the Supreme Court of the State of New York · 2005
  2. Matter of Bonacarti v. Mayor's Off. of Criminal JusticeAppellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of Bonacarti v. Mayor's Off. of Criminal JusticeAppellate Division of the Supreme Court of the State of New York · 2023
  4. Matter of Castro v. SchriroAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Castro v. SchriroAppellate Division of the Supreme Court of the State of New York · 2016

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