HORNE v. SCHER


47 A.D.2d 943 (1975)

Raymond Horne et al., Appellants, v. Seymour Scher, as City Manager of The City of Yonkers, et al., Respondents

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

April 28, 1975


Order reversed insofar as appealed from, on the law, without costs, and proceeding remanded to Special Term for further proceedings not inconsistent herewith. The undisputed facts of this case disclose that petitioner's "resignation" was "accepted", effective September 17, 1973, on the ground that he had, "as of September 17, 1973 * * * been absent without leave for a period in excess of ten (10) consecutive work days without explanation.

In accordance with Municipal...

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