De Cherro v. Civil Service Employees Ass'n
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered September 9, 1977 in Albany County, which denied a motion by the defendant to dismiss the first cause of action of the plaintiffs complaint. Plaintiff, a State employee, was injured while at work and, thereafter, he was unable to report for work for a period of time because of his injuries. As a result of this absence, plaintiff was deemed to have resigned from service pursuant to 4 NYCRR 5.3 (d) which stated that an employee who is absent without explanation for a period of 10 work days is deemed to have resigned. Plaintiff…
2Cases cited6 opinions
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Jackson v. Regional Transit ServiceAppellate Division of the Supreme Court of the State of New York · 1976
- Jefferson County Board of Supervisors v. New York State Public Employment Relations BoardNew York Court of Appeals · 1975
- Gosper v. FancherNew York Court of Appeals · 1976
- Gosper v. FancherAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by16 opinions
- Civil Service Bar Ass'n v. City of New YorkNew York Court of Appeals · 1984
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- Albino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
- Shah v. StateNew York Court of Claims · 1988
- Swiger v. Civil Service CommissionerWest Virginia Supreme Court · 1988
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