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MATTER OF ROTKIEWICZ v. DEPT. OF MENTAL HYGIENE

283 A.D. 458 (1954)

In the Matter of Wanda H. Rotkiewicz, Petitioner, v. Department of Mental Hygiene of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 19, 1954.

Attorney(s) appearing for the Case

Salvador J. Capecelatro for petitioner.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Herman N. Harcourt and Raymond B. Madden of counsel), for respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

McCURN, P. J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination dismissing the petitioner from her civil service position as head dining room attendant in the employees' cafeteria at Marcy State Hospital.

On February 2, 1953, petitioner was served with a notice charging her with incompetency as follows:

"CHARGE<...

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