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[DOWNLOAD] "Dino De Cherro v. Civil Service Employees Association Inc." by Supreme Court of New York # eBook PDF Kindle ePub Free

Dino De Cherro v. Civil Service Employees Association Inc.

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eBook details

  • Title: Dino De Cherro v. Civil Service Employees Association Inc.
  • Author : Supreme Court of New York
  • Release Date : January 29, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

[60 A.D.2d 743 Page 743] Appeal from an order of the Supreme Court at Special Term, entered September 9, 1977 in Albany County, which denied a motion by the defendant to dismiss the first cause of action of the plaintiff's complaint. Plaintiff, a State employee, was injured while at work and, thereafter, he was unable to report for work for a period of time because of his injuries. As a result of this absence, plaintiff was deemed to have resigned from service pursuant to 4 NYCRR 5.3 (d) which stated that an employee who is absent without explanation for a period of 10 work days is deemed to have resigned. Plaintiff was a member of the Civil Service Employees Association (CSEA) and requested assistance from CSEA in regaining his job. Plaintiff ultimately hired his own attorney and was successful in securing his reinstatement with back pay. Thereafter, he was advised to make a formal application to obtain his legal expenses from CSEA. CSEA declined reimbursement, however, because of plaintiff's failure [60 A.D.2d 743 Page 744]


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