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MARTIN v. N.Y. STATE DEPT. OF MENTAL HYGIENE

No. 346, Docket 78-7363.

588 F.2d 371 (1978)

Walter MARTIN, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF HYGIENE, Dr. Stuart Keill, Regional Director, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 11, 1978.

Attorney(s) appearing for the Case

Frederick C. Hayes, New York City, for plaintiff-appellant.

Judith T. Kramer, Asst. Atty. Gen. of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, of counsel), for defendants-appellees.

Before KAUFMAN, Chief Judge, SMITH and VAN GRAAFEILAND, Circuit Judges.

PER CURIAM:

Walter Martin was appointed Acting Director of the Manhattan Development Center (MDC) in 1974 by Dr. Stuart Keill, Regional Director of the New York State Department of Mental Hygiene. Martin, who is black, took disability leave from June 1975 to May 1976, and upon his return to work was appointed Chief of Treatment Services at Willowbrook, a position he still holds.

In the fall of 1975, while on leave from his position at the MDC, Martin filed...

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