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MATTER OF DOLAN v. WHALEN

71 A.D.2d 699 (1979)

In the Matter of Andrew P. Dolan, Respondent, v. Robert P. Whalen, as Commissioner of The New York State Department of Health, Appellant

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

July 5, 1979

Upon the present record, it appears that subsequent to his initial application for CPLR article 78 relief in the nature of mandamus seeking sick leave at half pay, the appellant mooted the issue by granting such leave. However, the appellant notified the petitioner that as of March 20, 1978, if he were still absent from work on sick leave, his position would be terminated pursuant to section 73 of the Civil Service Law. Following...

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