Wells v. Johnson

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the. Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Children and Family Services which terminated petitioner’s employment.

Petitioner was employed by the Office of Children and Family Services (hereinafter OCFS) as a Youth Division Aide 3 (herein*1417after YDA 3) at a secure residential treatment facility for boys. In November 2003, petitioner was absent from work due to his nonwork-related heart condition which necessitated heart surgery. As a result of such health…