Legal Opinion

Moran v. City of Saratoga Springs

New York Supreme Court

Decided July 24, 2008Published

1Opinion of the Court

OPINION OF THE COURT

Thomas D. Nolan, Jr., J.

*196In this CPLR article 78 proceeding, the question presented is whether the City of Saratoga Springs under Civil Service Law § 159-b must pay its employees for “leaves of absences” to undergo breast cancer screening tests.1

In 2002, the Legislature passed and the Governor signed into law section 159-b entitled “Excused leave to undertake a screening for breast cancer” (L 2002, ch 362). This statute affords state officers and employees the right to a “leave of absence” to undergo medical screening tests to detect breast cancer. In 2006, section 159-b…

2Cases cited8 opinions

  1. Riley v. County of BroomeNew York Court of Appeals · 2000
  2. DaimlerChrysler Corp. v. SpitzerNew York Court of Appeals · 2006
  3. Sutka v. ConnersNew York Court of Appeals · 1989
  4. Long v. State of New YorkNew York Court of Appeals · 2006
  5. Long v. Adirondack Park AgencyNew York Court of Appeals · 1990

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