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MATTER OF ALLEN v. HOWE

194 A.D.2d 1 (1993)

In the Matter of Cathy Allen, Appellant, v. Elin M. Howe, as Commissioner of The Office of Mental Retardation and Developmental Disabilities, et al., Respondents

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

November 24, 1993

Attorney(s) appearing for the Case

Nancy E. Hoffman, Albany (Paul S. Bamberger of counsel), for appellant.

Robert Abrams, Attorney-General, Albany (Daniel Smirlock of counsel), for respondents.

MERCURE, CARDONA and MAHONEY, JJ., concur with WEISS, P. J.; CASEY, J., dissents in a separate opinion.

WEISS, P. J.

Petitioner, an employee of respondent Office of Mental Retardation and Developmental Disabilities, was injured while at work and was disabled from employment commencing October 17, 1990 and received workers' compensation benefits. On September 6, 1991, she was notified that she would be terminated from employment on October 19, 1991, pursuant to Civil Service...

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