Legal Opinion
Allen v. Howe
New York Court of Appeals
Decided December 21, 1994PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
Civil Service Law § 71 entitles an employee disabled by an occupational injury to a leave of absence for at least one year, unless the injury permanently disables the employee from the performance of work duties. Respondents have promulgated regulations construing this provision to mean that an employee who is absent due to an occupational disability for a cumulative period of one year is subject to termination if physically or mentally unable to return to work. We conclude that respondents’ interpretation of Civil Service Law § 71 should be upheld and that it…
2Cases cited8 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Maresca v. CuomoNew York Court of Appeals · 1984
- Alevy v. Downstate Medical CenterNew York Court of Appeals · 1976
- Economico v. Village of PelhamNew York Court of Appeals · 1980
- Claim of Duncan v. New York State Developmental CenterNew York Court of Appeals · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Morris v. LindauCourt of Appeals for the Second Circuit · 1999
- Morris v. LindauCourt of Appeals for the Second Circuit · 1999
- Rother v. NYS Department of Corrections & Community SupervisionDistrict Court, N.D. New York · 2013
- Santiago v. Newburgh Enlarged City School DistrictDistrict Court, S.D. New York · 2006
- Gaines v. New York State Division for YouthAppellate Division of the Supreme Court of the State of New York · 1995
22 more not listed; retrieve them via the Exa API.