MATTER OF JOHNSON v. DIR., DOWNSTATE MED. CTR.


41 N.Y.2d 1061 (1977)

In the Matter of Percy Johnson, Respondent, v. Director, Downstate Medical Center, State University of New York, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1977.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Shirley A. Siegel, Samuel A. Hirshowitz and Jesse J. Fine of counsel), for appellant.

William P. Volin and Stanley Mailman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

We conclude that the portion of subdivision (d) of section 5.3 of the Rules and Regulations of the Department of Civil Service (4 NYCRR 5.3 [d]) on which Downstate Medical Center relied when it terminated petitioner's employment is inconsistent with section 75 of the Civil Service Law and therefore invalid. In pertinent part the rule provides: "When an employee is absent without leave and without an explanation...

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