Spiegel v. Perales

Appeal from a judgment of the Supreme Court (Harris, J.), entered February 11, 1992 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to state a cause of action.

Petitioner sustained a single occupational injury and was on leave from her State government employment from September 18, 1989 to March 19, 1990, and again from June 11, 1990 until into 1991. During these periods she received workers’ compensation benefits. Respondent, who had been her employer, informed her in a letter dated January 7, 1991 that…