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MATTER OF BERNSTEIN v. INDUS. COMM'R OF THE STATE OF NEW YORK

59 A.D.2d 678 (1977)

In the Matter of Thelma Bernstein, Appellant, v. Industrial Commissioner of the State of New York, Respondent

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

October 13, 1977

Unanimously reversed, on the law, without costs and disbursements; the petition is granted and the petitioner reinstated with back pay as of the date of her "resignation" pursuant to subdivision (d) of section 5.3 of the Rules for the Classified Service of the Civil Service Department (4 NYCRR 5.3 [d]) which section was held invalid by the Court of Appeals in Matter of Johnson v Director, Downstate Med. Center (41 N.Y.2d 1061).<...

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