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MATTER OF ALLEN v. HOWE

84 N.Y.2d 665 (1994)

645 N.E.2d 720

621 N.Y.S.2d 287

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. In the Matter of Diane Spiegel, Appellant, v. Cesar A. Perales, as Commissioner of the New York State Department of Social Services, Respondent.

Court of Appeals of the State of New York.

Decided December 21, 1994.

Attorney(s) appearing for the Case

Paul S. Bamberger, Albany, and Nancy E. Hoffman for appellant in the first above-entitled proceeding.

G. Oliver Koppell, Attorney-General, Albany (Daniel Smirlock, Jerry Boone and Peter H. Schiff, of counsel), for respondents in the first above-entitled proceeding.

Paul S. Bamberger, Albany, and Nancy E. Hoffman for appellant in the second above-entitled proceeding.

G. Oliver Koppell, Attorney-General, Albany (Daniel Smirlock, Jerry Boone and Peter H. Schiff of counsel), for respondent in the second above-entitled proceeding.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

Civil Service Law § 71 entitles an employee disabled by an occupational injury to a leave of absence for at least one year, unless the injury permanently disables the employee from the performance of work duties. Respondents have promulgated regulations construing this provision to mean that an employee who is absent due to an occupational disability for a cumulative period of one year is subject...

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