Legal Opinion

Stewart v. County of Albany

Appellate Division of the Supreme Court of the State of New York

Decided December 26, 2002PublishedCited by 2 opinions

1Opinion of the Court

—Carpinello, J.

Appeal from a judgment of the Supreme Court (Benza, J.), entered June 7, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to exhaust administrative remedies.

Petitioner, a correction officer, has been receiving General Municipal Law § 207-c benefits since August 2000 for a work-related injury. By letter dated December 27, 2001, he was notified by respondent Albany County Sheriff that he was being terminated in accordance with Civil Service Law § 71 as a result of his absence from work for more than a year. Rather than…

2Cases cited15 opinions

  1. Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
  2. Uniform Firefighters of Cohoes v. City of CohoesNew York Court of Appeals · 2000
  3. Claim of Duncan v. New York State Developmental CenterNew York Court of Appeals · 1984
  4. Allen v. HoweNew York Court of Appeals · 1994
  5. Eckerson v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2000

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3Cited by2 opinions

  1. Eadie v. Town BoardNew York Supreme Court · 2005
  2. People v. ElliotAppellate Division of the Supreme Court of the State of New York · 2003

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