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

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

DecidedJuly 1, 2004

StatusPublished

This text of 9 A.D.3d 273 (LoPrete v. New York City Health & Hospitals Corp.) 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.

Bluebook

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).

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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]*274reinstatement (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]*274reinstatement (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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Bluebook (online)

9 A.D.3d 273, 779 N.Y.S.2d 211, 2004 N.Y. App. Div. LEXIS 9188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loprete-v-new-york-city-health-hospitals-corp-nyappdiv-2004.

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