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MATTER OF PLUMMER v. KLEPAK

48 N.Y.2d 486 (1979)

In the Matter of Lloyd Plummer, Respondent, v. Daniel Klepak, as Chairman of the New York State Drug Abuse Control Commission, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 27, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (William J. Kogan, George D. Zuckerman and Emanuel M. Kay of counsel), for appellants.

Joe Field for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

Petitioner, a narcotic control officer with the respondent New York State Drug Abuse Control Commission, was informed by letter dated October 7, 1975, that he had been on unauthorized leave from his employment since September 16, 1975. The letter stated further that this unexplained absence constituted a resignation under both subdivision (d) of section 5.3 of the Rules and Regulations of the Department...

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