[DOWNLOAD] "Matter David Wonderly v. Division New York State Police Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: Matter David Wonderly v. Division New York State Police Et Al.
• Author : Supreme Court of New York
• Release Date : January 26, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Appeal from a judgment of the Supreme Court at Trial Term, entered January 29, 1980 in Essex County, which granted petitioners application, in a proceeding pursuant to CPLR article 78, for reinstatement as a State trooper. Petitioner, a uniformed State trooper, attended a meeting with his commanding officer on May 23, 1979. Confronted with a series of alleged improprieties, he was advised by this superior that he could either resign from the State Police or face charges which would ultimately result in his dismissal. His decision was required forthwith and, in response, petitioner submitted a letter of resignation to become effective two weeks in the future. He was then informed that postponement of the termination date was unacceptable and that his resignation must become effective immediately. Petitioner so revised his letter at approximately 6:00 p.m. However, some two and one-half hours later, petitioner telephoned his immediate superior and stated that he desired to withdraw his resignation. The next afternoon he delivered a letter formally withdrawing his resignation. When these efforts to rescind his earlier decision met with no success, the instant CPLR article 78 proceeding was commenced seeking reinstatement to his position. The court granted relief following a trial of the issues and this appeal ensued. There should be an [80 A.D.2d 974 Page 975]

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