Legal Opinion

Flemming v. Cagliostro

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

Decided July 15, 1976PublishedCited by 18 opinions

1Opinion of the Court

Greenblott, J. P.

From March 28, 1968 to May 14, 1974 petitioner occupied the competitive class position of Narcotic Correction Officer in the New York State Drug Abuse Control Commission (D.A.C.C.). Petitioner was absent from work for a substantial period of time prior to May 9, 1974, when a letter was sent to him from the Director of Personnel of D.A.C.C. which stated as follows: "Due to the fact that you have not reported for duty your accruals were exhausted as of May 5, 1974 and you have been placed on leave without pay status. If you do not report to work by May 14, 1974, you will be…

2Cases cited4 opinions

  1. Johnson v. Director, Downstate Medical CenterAppellate Division of the Supreme Court of the State of New York · 1976
  2. Merante v. BurnsAppellate Division of the Supreme Court of the State of New York · 1975
  3. Dunn v. SimonAppellate Division of the Supreme Court of the State of New York · 1962
  4. McGirr v. Division of Veterans AffairsAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by18 opinions

  1. Plummer v. KlepakNew York Court of Appeals · 1979
  2. Barrera v. Frontier Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
  3. People ex rel. Cotton v. RodriquezAppellate Division of the Supreme Court of the State of New York · 1986
  4. Saint Mary's Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985
  5. Carassavas v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1982

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