Bernstein v. Industrial Commissioner

Judgment, Supreme Court, New York County, entered November 26, 1975, which denied petitioner’s article 78 proceeding and dismissed her petition on the ground that the proceeding was time-barred, unanimously reversed, on the law, and ■vacated, without costs and without disbursements, and the matter remanded to respondent for an evidentiary hearing of whether petitioner was absent without leave and without explanation, i.e., whether she had, in fact, resigned. Petitioner, a competitive permanent employee in the classified Civil Service of the State of New York, holding the position of typist,…