Gryska v. Chemung County Elmira Sewer District

Appeal from a judgment of the Supreme Court (Swartwood, J.), entered September 19, 1988 in Chemung County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul respondent’s determination terminating his employment.

In June 1981, petitioner was hired by respondent as a sewer treatment plant operator. Petitioner received warnings about absenteeism in 1985 and 1986. Additionally, on November 30, 1987 petitioner received a letter of reprimand regarding an unauthorized absence on November 24, 1987. Petitioner’s explanation based upon painful physical…