Board of Education of the City School District of the City of Lockport v. Licata

Jasen, J. (dissenting).

I dissent and vote to affirm the order of the Appellate Division. The Military Law specifically states, in the most straightforward and direct terms, that "[ejvery public officer or employee shall be entitled to absent himself and shall be deemed to have a leave of absence from his duties or service as such public officer or employee while engaged in the performance of ordered military duty and while going to and returning from such duty.” (Military Law, § 242, subd 2.) Ordered military duty has been legislatively defined to include both any period of military duty of…