Green v. Commissioner of Environmental Conservation

Appeal, by permission, from an order of the Supreme Court at Special Term (Cholakis, J.), entered October 14, 1982 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied respondent’s motion for a nonjury trial. On June 19, 1980, petitioner was appointed to the position of senior sanitary engineer in the Department of Environmental Conservation. This position was subject to a 26- to 52-week probationary term. On December 5, 1980, petitioner received a written evaluation of his work which recommended that the probationary period be terminated. Respondent, however,…