Bernstein v. Industrial Commissioner

Judgment, Supreme Court, New York County, entered November 26, 1975, which denied petitioner’s article 78 proceeding and dismissed her petition on the ground that the proceeding was time-barred, unanimously reversed, on the law, without costs and disbursements; the petition is granted and the petitioner reinstated with back pay as of the date of her "resignation” pursuant to subdivision (d) of section 5.3 of the Rules for the Classified Service of the Civil Service Department (4 NYCRR 5.3 [d]) which section was held invalid by the Court of Appeals in Matter of Johnson v Director, Downstate…