Legal Opinion

Stork v. Board of Trustees of Medina

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 1992No. Appeal No. 1PublishedCited by 4 opinions

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

  1. 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
  2. Cannon v. Ulster County Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 1989
  3. Petrella v. SiegelNew York Court of Appeals · 1988

3Cited by4 opinions

  1. Enos v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 2001
  2. Cushman v. VILLAGE OF ILION, NEW YORKDistrict Court, N.D. New York · 2004
  3. Murray v. Town of N. CastleAppellate Division of the Supreme Court of the State of New York · 2022
  4. Opn. No., New York Attorney General Reports2006

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