Legal Opinion

Sheeran v. Department of Transportation

New York Court of Appeals

Decided November 17, 2011PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

The issue presented on both of these appeals is whether Civil Service Law § 72, which provides certain procedural safeguards to a public employee when placed on an involuntary leave of absence, applies to employees who are prevented from returning to work following a voluntary absence. We hold that it does.

I

Petitioner Thomas Sheeran was a civil engineer in the New York State Department of Transportation (DOT); petitioner Michelle Birnbaum was employed by the New York State Department of Labor (DOL). Both petitioners took voluntary leave due to illness and…

2Cases cited2 opinions

  1. Sheeran v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2009
  2. Birnbaum v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by6 opinions

  1. Matter of New York State Correctional Officers and Police Benevolent Association, Inc. v. New York State Department of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
  2. New York State Correctional Officers & Police Benevolent Ass'n v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
  3. New York State Correctional Officers & Police Benevolent Ass'n v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
  4. WILLIAMS, JOHN v. TROIANO, PETERAppellate Division of the Supreme Court of the State of New York · 2015
  5. Williams v. TroianoAppellate Division of the Supreme Court of the State of New York · 2015

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