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MATTER OF GOLDEN v. ABATE
Appellate Division of the Supreme Court of New York, First Department.
Feb 1, 1994
We agree with the IAS Court that respondent City Personnel Director's interpretation of rule 5.2.8 of his agency's Rules and Regulations, as permitting a retroactive extension of a probationary period of employment, is not unreasonable and should be given judicial deference, involving as it does knowledge and understanding of that agency's underlying operational practices (see, Matter of Denton v. Perales, 72 N.Y.2d 979, 981). Moreover, in view of, inter alia, petitioner's record of absenteeism, lateness and failure to submit reports, he clearly was not dismissed in bad faith. We have considered petitioner's other contentions and find them to be without merit.
Concur — Murphy, P.J., Carro, Wallach and Ross, JJ.
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