MATTER OF WILSON v. D'ANGELO

Determination dismissing petitioner from her position as clerk annulled, on the law, and the proceeding, in the exercise of discretion, remanded to the Commissioner for a new hearing and upon notice with specifications apprising petitioner of the nature of the charges made against her, with costs to abide the event. The prior notice was wholly insufficient ( Matter of Edelstein v. Gale, 5 A.D.2d 811). Pending a determination on the new notice and new hearing, petitioner is not entitled to reinstatement provided the Commissioner moves expeditiously ( Matter of Lindquist v. City of Jamestown, 192 Misc. 906 [HALPERN, J.]; cf. Matter of Edelstein v. Gale, supra).

Concur — Botein, P.J., Breitel, Valente, McNally and Stevens, JJ.