Plaintiff, a State employee, was injured while at work and, thereafter, he was unable to report for work for a period of time because of his injuries. As a result of this absence, plaintiff was deemed to have resigned from service pursuant to 4 NYCRR 5.3 (d) which stated that an employee who is absent without explanation for a period of 10 work days is deemed to have resigned. Plaintiff was a member of the Civil Service Employees Association (CSEA) and requested assistance...
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