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MATTER OF BERGER

53 A.D.2d 730 (1976)

In the Matter of the Claim of Isidore Berger, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

June 3, 1976

Claimant, an employee for the City of New York, last worked as an active employee on March 7, 1975. After that date he was on annual leave to May 9, 1975, and thereafter on terminal leave for the purpose of exhausting all of his accumulated leave prior to his mandatory retirement beginning January 1, 1976. While on terminal leave, claimant remained on the payroll and received his usual pay checks on the regularly scheduled paydays...

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