Sabella v. Malcolm

Judgment entered May 19, 1975, in the Supreme Court, New York County, unanimously affirmed, without costs and without disbursements to either party. Petitioner, an employee of the Department of Correction since 1961, was promoted to Captain on September 15, 1972. After taking a civil service promotion examination, petitioner was appointed a probationary Assistant Deputy Warden. A few days prior to the expiration of his probationary period, petitioner was informed that his position in the title was being terminated for the reason that he failed to meet the standards required and that as of May…