Legal Opinion

Smith v. New York State Department of Labor

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

Decided June 19, 2003PublishedCited by 2 opinions

1Opinion of the Court

—Spain, J.

Appeal from a judgment of the Supreme Court (Canfield, J.), entered May 2, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

In May 2001, pursuant to Civil Service Law § 72 (5), petitioner was placed on involuntary leave by her employer respondent Department of Labor (hereinafter the Department). In December 2001, petitioner commenced this CPLR article 78 proceeding alleging that she has been denied a hearing and seeking reinstatement to the payroll, together with restoration of back pay and benefits lost…

2Cases cited4 opinions

  1. Gaines v. New York State Division for YouthAppellate Division of the Supreme Court of the State of New York · 1995
  2. House v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1999
  3. Lamb v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1990
  4. Smith v. New York State Department of LaborNew York Supreme Court · 2002

3Cited by2 opinions

  1. Maillard v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
  2. Ingram v. Nassau CountyAppellate Division of the Supreme Court of the State of New York · 2011

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