Clark v. Levitt

This is a proceeding under article 78 of the CPLR (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller which disapproved petitioner’s application for ordinary disability retirement benefits.

Petitioner, a male nurse with over 20 years’ service in the State Department of Mental Hygiene, submitted a letter of resignation effective February 14, 1954 in response to charges that he was absent from work without leave or notification. A…