Stork v. Board of Trustees of Medina
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
As an employee holding a position within the classified competitive civil service, petitioner was required to submit his resignation in writing (see, 4 NYCRR 5.3 [a]). Because no written resignation was ever tendered, petitioner’s "retire*1059ment”, effective December 12, 1989, was invalid (see, e.g., Matter of Petrella v Siegel, 73 NY2d 846). Petitioner did, however, apply for retirement benefits from the New York State Police and Fire Retirement System effective September 8, 1990. We have said that, "[a]bsent compelling circumstances, finality must be given to resignations and retirements from…
2Cases cited3 opinions
- Girard v. Board of Education of City School District of City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1991
- Cannon v. Ulster County Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 1989
- Petrella v. SiegelNew York Court of Appeals · 1988
3Cited by4 opinions
- Enos v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 2001
- Cushman v. VILLAGE OF ILION, NEW YORKDistrict Court, N.D. New York · 2004
- Murray v. Town of N. CastleAppellate Division of the Supreme Court of the State of New York · 2022
- Opn. No., New York Attorney General Reports2006