Gonzalez v. New York State Department of Correctional Services

— Judgment unanimously affirmed without costs. Memorandum: On November 21, 1989, petitioner, while on suspension for disciplinary reasons, resigned from respondent’s employment. On April 5, 1990, petitioner wrote to respondent and requested that it permit him to rescind his resignation and reinstate him to his former position. That request was denied on April 24, 1990. On August 9, 1990, petitioner commenced the present proceeding, alleging that respondent’s determination not to reinstate him was arbitrary and capricious and an abuse of discretion. Because the determination to *1012accept his…