Waters v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 16, 1989 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to, inter alia, annul a determination of respondent terminating petitioner’s employment.

On December 18, 1986 petitioner, an honorably discharged veteran, was appointed by respondent to the position of vocational instructor IV, in the competitive class of the classified service (see, Civil Service Law §§ 40, 44). Permanent appointment was contingent upon successful completion of a probationary term of one to…