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MATTER OF DORNFEST v. HILLIARD

200 Misc. 649 (1951)

In the Matter of Benjamin Dornfest, Petitioner, v. Raymond M. Hilliard, as Commissioner of Welfare of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

May 8, 1951.

Attorney(s) appearing for the Case

Matthew Silverman for petitioner.

John P. McGrath, Corporation Counsel (E. Allen Jacobs of counsel), for respondents.

DICKSTEIN, J.

It is quite apparent that petitioner's dismissal at the end of his probationary period was mainly, if not solely predicated upon the incident at the staff meeting in August, 1950. The probationary term, provided for by section 9 of the Civil Service Law and subdivision 3 of section VIII of Rule V of the Rules of the Municipal Civil Service Commission of the City of New York, is to allow the head of a department to ascertain the fitness of...

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