Legal Opinion
McGirr v. Division of Veterans Affairs
New York Court of Appeals
Decided February 22, 1978PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
The threshold and dispositive question before us is whether petitioner timely commenced this article 78 proceeding.
By registered letter dated January 12, 1972, petitioner was advised by his employer, the New York State Division of Veterans Affairs, that pursuant to rule 5.3 (d) of the Rules and Regulations of the Department of Civil Service (4 NYCRR 5.3 [d]) he was deemed to have "resigned” his position as a State Veterans Counselor.1 The rule permitted the visitation of such consequences on an employee for absence without leave and without a sufficient…
2Cases cited6 opinions
- Sirles v. CordaryAppellate Division of the Supreme Court of the State of New York · 1975
- Davis v. KingsburyNew York Court of Appeals · 1970
- Sirles v. CordaryNew York Court of Appeals · 1976
- Davis v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1968
- McGirr v. Division of Veterans AffairsAppellate Division of the Supreme Court of the State of New York · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wood v. CosgroveAppellate Division of the Supreme Court of the State of New York · 1997
- O'Neil v. ReganAppellate Division of the Supreme Court of the State of New York · 1981
- Weir v. CanestrariAppellate Division of the Supreme Court of the State of New York · 1987
- Frankel v. Kissena Jewish CenterNew York Supreme Court · 1989
- Plummer v. KlepakAppellate Division of the Supreme Court of the State of New York · 1978
4 more not listed; retrieve them via the Exa API.