Legal Opinion

McShane v. State

New York Supreme Court

Decided January 7, 2014PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Michael D. Stallman, J.

This combined CPLR article 78 and article 75 proceeding concerns acts ostensibly taken under Civil Service Law § 72 for placement of petitioner, a tenured civil service worker, on involuntary leave for medical disability and a parallel grievance procedure under the collective bargaining agreement (COBA) between the State of New York and the Public Employees Federation, petitioner’s union, to terminate petitioner’s employment.

Petitioner Patrick McShane is an employee of respondent New York State Department of Transportation (DOT). Respondents allege…

2Cases cited12 opinions

  1. Chinese Staff & Workers Ass'n v. City of New YorkNew York Court of Appeals · 1986
  2. New York State Correctional Officers & Police Benevolent Ass'n v. StateNew York Court of Appeals · 1999
  3. New York City Transit Authority v. Transport Workers' Union of AmericaNew York Court of Appeals · 2005
  4. MATTER OF YARBOUGH v. FrancoNew York Court of Appeals · 2000
  5. Biondo v. New York State Board of ParoleNew York Court of Appeals · 1983

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3Cited by1 opinion

  1. Matter of Brown v. BrattonAppellate Division of the Supreme Court of the State of New York · 2018

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