LoPrete v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

LoPrete v. New York City Health & Hospitals Corp.

9 A.D.3d 273, 779 N.Y.S.2d 211, 2004 N.Y. App. Div. LEXIS 9188

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 2004·Published

Opinion

Judgment, Supreme Court, New York County (William A. Wetzel, J.), entered January 27, 2004, which denied the petition, brought pursuant to CPLR article 78, seeking to annul termination of petitioner’s employment pursuant to Civil Service Law § 71, unanimously affirmed, without costs.

Petitioner was originally injured while on duty as a motor vehicle operator in one of respondent’s hospitals. Although respondents extended petitioner’s one-year leave of absence (see Civil Service Law § 73) by 10 days prior to the second accident, he failed to report to work for six additional days prior thereto, thus exceeding his authorized absence and forfeiting his right to [274] reinstatement (Matter of Allen v Howe, 84 NY2d 665 [1994]). The subsequent determination of the Workers’ Compensation Board is not relevant to the issue of reinstatement. Concur— Saxe, J.P., Ellerin, Williams, Lerner and Sweeny, JJ.

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Judgment, Supreme Court, New York County (William A. Wetzel, J.), entered January 27, 2004, which denied the petition, brought pursuant to CPLR article 78, seeking to annul termination of petitioner’s employment pursuant to Civil Service Law § 71, unanimously affirmed, without costs.

Petitioner was originally injured while on duty as a motor vehicle operator in one of respondent’s hospitals. Although respondents extended petitioner’s one-year leave of absence (see Civil Service Law § 73) by 10 days prior to the second accident, he failed to report to work for six additional days prior thereto, thus exceeding his authorized absence and forfeiting his right to [274] reinstatement (Matter of Allen v Howe, 84 NY2d 665 [1994]). The subsequent determination of the Workers’ Compensation Board is not relevant to the issue of reinstatement. Concur— Saxe, J.P., Ellerin, Williams, Lerner and Sweeny, JJ.

LoPrete v. New York City Health & Hospitals Corp., 9 A.D.3d 273, 779 N.Y.S.2d 211, 2004 N.Y. App. Div. LEXIS 9188 (N.Y. Ct. App. 2004).

Pincite

9 A.D.3d 273 (LoPrete v. New York City Health & Hospitals Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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