Bayer v. New York State Department of Labor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Labor which found petitioner guilty of misconduct and terminated his employment.
In May 2003, petitioner was promoted to a probationary position as an associate safety and health engineer at respondent Department of Labor. After this appointment, petitioner oversaw all work in the Department’s asbestos unit, including the asbestos regulation project of his coworker, Rosita DiCioccio. On July 7, 2004, the Department…
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