MATTER OF ALBANO v. KIRBY


36 N.Y.2d 526 (1975)

In the Matter of John J. Albano, Appellant, v. James E. Kirby, as Commissioner of Suffolk County Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 7, 1975.


Attorney(s) appearing for the Case

Frederick Fagelson for appellant.

George W. Percy, Jr., County Attorney (Patrick A. Sweeney of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

We review here the discharge of a social services investigator at the end of his 16th week of service, following his appointment from a competitive civil service list for a probationary term of 26 weeks, under county civil service commission rules stipulating a probationary term for permanent appointments "of not less than eight nor more than twenty-six weeks". There is no dispute as to the pertinent...

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