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Matter of Wilson v. D'Angelo

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1960
10 A.D.2d 706 (N.Y. App. Div. 1960)

Opinion

March 29, 1960


Determination dismissing petitioner from her position as clerk annulled, on the law, and the proceeding, in the exercise of discretion, remanded to the Commissioner for a new hearing and upon notice with specifications apprising petitioner of the nature of the charges made against her, with costs to abide the event. The prior notice was wholly insufficient ( Matter of Edelstein v. Gale, 5 A.D.2d 811). Pending a determination on the new notice and new hearing, petitioner is not entitled to reinstatement provided the Commissioner moves expeditiously ( Matter of Lindquist v. City of Jamestown, 192 Misc. 906 [HALPERN, J.]; cf. Matter of Edelstein v. Gale, supra).

Concur — Botein, P.J., Breitel, Valente, McNally and Stevens, JJ.


Summaries of

Matter of Wilson v. D'Angelo

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1960
10 A.D.2d 706 (N.Y. App. Div. 1960)
Case details for

Matter of Wilson v. D'Angelo

Case Details

Full title:In the Matter of ANITA E. WILSON, Petitioner, against ARMAND D'ANGELO, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 29, 1960

Citations

10 A.D.2d 706 (N.Y. App. Div. 1960)

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