McGirr v. Division of Veterans Affairs

In a proceeding pursuant to article 78 of the *542CPLR to annul a determination of respondent Frank V. Votto, Director of the Division of Veterans Affairs, that petitioner’s absence from work constituted a resignation from his position of veteran’s counselor, (1) petitioner appeals from a judgment of the Supreme Court, Richmond County, dated April 2, 1974, insofar as it fails to direct his reinstatement to his position (the judgment directed the Division of Veterans Affairs to grant petitioner a hearing) and (2) respondents cross-appeal from the judgment in its entirety. Judgment reversed, on the…