Opn. No.

Requestor: Hon. Josephine Gambino, Commissioner Department of Civil Service State Office Building Campus Albany, New York 12239

Written by: Robert Abrams, Attorney General

Your counsel has asked that we construe provisions of law governing entitlement to military leave benefits. She has asked that we review earlier opinions of this office (1978 Op Atty Gen 31; 1976 Op Atty Gen [Inf] 130) in light of the decision in Durkee v City of Plattsburgh,119 Misc.2d 955 (Sup Ct, Clinton Co, 1983).

Section 242 of the New York State Military Law provides as follows:

"2. Leave of absence while engaged in…