Panella v. New York State Civil Service Commission

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Civil Service Commission which denied petitioner’s request for reinstatement to his position of mail and supply clerk.

Petitioner, a mail and supply clerk with respondent Department of Labor since 1999 pursuant to Civil Service Law § 55-b,* was placed on an involuntary leave of absence in October 2003 pursuant to Civil Service Law § 72 (1) based on a finding that he was mentally unfit to perform the essential duties of this position.…