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MATTER OF McGIRR v. DIV. OF VETERANS AFFAIRS, EXECUTIVE DEP'T, STATE OF NEW YORK

47 A.D.2d 541 (1975)

In the Matter of Frank C. McGirr, Appellant-Respondent, v. Division of Veterans Affairs, Executive Department, State of New York, et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 20, 1975

This record presents a serious question of fact as to whether petitioner complied with the requirements of 4 NYCRR 5.3 (d). He claims he called his office and reported sick, thereby providing an ongoing excuse for his absence, sufficient under rule 5.3. Respondents claim that when petitioner telephoned the office he stated he would be out sick for the rest of the week; that therefore his absence became unexcused as of the Monday...

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