Legal Opinion

Mitchell v. Essex County Sheriff's Department

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

Decided February 13, 2003PublishedCited by 3 opinions

1Opinion of the Court

Mercure, J.P.

Appeal from a judgment of the Supreme Court (Moynihan, Jr., J.), entered January 30, 2002 in Essex County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner worked for respondent Essex County Sheriffs Department as a Deputy Sheriff, primarily as a school resource officer. On February 13, 2001, he was assigned to work as a dispatcher. Petitioner voluntarily left work that day after claiming — according to him — that he was “not medically stable” to continue working. Respondents contend, however, that petitioner…

2Cases cited8 opinions

  1. Brusco v. BraunNew York Court of Appeals · 1994
  2. De Milio v. BorghardNew York Court of Appeals · 1982
  3. Lubin v. Board of EducationNew York Court of Appeals · 1983
  4. Nelkin v. H. J. R. Realty Corp.New York Court of Appeals · 1969
  5. Saraf v. VacantiAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by3 opinions

  1. Hassig v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2004
  2. Mitchell v. Essex County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2005
  3. Mitchell v. County of EssexAppellate Division of the Supreme Court of the State of New York · 2005

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