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MATTER OF DIAZ v. NEW YORK STATE OFFICE OF MENTAL HEALTH

188 A.D.2d 903 (1992)

In the Matter of Nivia E. Diaz, Respondent, v. New York State Office of Mental Health et al., Appellants

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

December 24, 1992

At issue in this proceeding is whether petitioner should have been reinstated to her former civil service position instead of being placed on a preferred list for the job. Civil Service Law § 71 is the statute governing this case and, insofar as pertinent, provides that a civil service employee who has been on a leave of absence for a work-related injury and has then been medically certified as fit to return to work "shall...

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