Northrup v. Broadnax

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of the Civil Service Commission which placed petitioner on an involuntary leave of absence due to disability.

Petitioner was employed by the Department of Transportation (hereinafter DOT) as a bridge repair assistant. On October 15, 1985, he was placed on involuntary leave without pay for a period of one year pursuant to Civil Service Law § 72. Under that statute, if an employee is determined to be physically or mentally unfit to perform the…