MATTER OF DE MURO v. GRAY


48 A.D.2d 656 (1975)

In the Matter of Frank R. De Muro, Respondent, v. Albert Gray, as Commissioner of The Department of Correction, Westchester County, Appellant

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

May 5, 1975


Judgment affirmed, with $20 costs and disbursements.

Appellant admits that petitioner notified the department of his injury. We agree with Special Term's finding that the letter directing petitioner's return to work was not delivered to him. Petitioner's subsequent absence therefore was not "without consent" within the meaning of rule 15.4 of the Rules of the Westchester County Civil Service Commission, which provides: "Any employee who absents himself from duty for...

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