Birnbaum v. New York State Department of Labor

Appellate Division of the Supreme Court of New York

Birnbaum v. New York State Department of Labor

75 A.D.3d 707, 903 N.Y.S.2d 284

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

DecidedJuly 1, 2010

StatusPublished

Cited by1 cases

This text of 75 A.D.3d 707 (Birnbaum v. New York State Department of Labor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Birnbaum v. New York State Department of Labor, 75 A.D.3d 707, 903 N.Y.S.2d 284 (N.Y. Ct. App. 2010).

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Opinion

McCarthy, J.

Appeal from a judgment of the Supreme Court (McDonough, J.), entered February 3, 2009 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Department of Labor placing petitioner on involuntary leave of absence.

This matter is substantially similar, both in its procedural posture and on the relevant law, to this Court’s recent decision in Matter of Sheeran v New York State Dept. of Transp. (68 [708]*708AD3d 1199 [2009], lv granted 14 NY3d 707 [2010]). Based on that decision, we reverse.

Cardona, P.J., Peters, Spain and Egan Jr., JJ., concur. Ordered that the judgment is reversed, on the law, without costs, and petition dismissed.

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McCarthy, J.

Appeal from a judgment of the Supreme Court (McDonough, J.), entered February 3, 2009 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Department of Labor placing petitioner on involuntary leave of absence.

This matter is substantially similar, both in its procedural posture and on the relevant law, to this Court’s recent decision in Matter of Sheeran v New York State Dept. of Transp. (68 [708]*708AD3d 1199 [2009], lv granted 14 NY3d 707 [2010]). Based on that decision, we reverse.

Cardona, P.J., Peters, Spain and Egan Jr., JJ., concur. Ordered that the judgment is reversed, on the law, without costs, and petition dismissed.

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75 A.D.3d 707, 903 N.Y.S.2d 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birnbaum-v-new-york-state-department-of-labor-nyappdiv-2010.

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