Appellate Division of the Supreme Court of the State of New York February 20, 2001 (Fortner v. New York City Department of Correction)

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered October 19, 1999, which denied the petition brought pursuant to CPLR article 78 to annul respondent’s termination of petitioner from his position as a probationary correction officer, and granted the cross-motion of respondent to dismiss the petition, and bringing up for review an order, same court and Justice, entered July 18,