MATTER OF LIEBMAN


217 A.D.2d 782 (1995)

629 N.Y.S.2d 122

In the Matter of the Claim of Jay C. Liebman, Appellant. New York City Fire Department, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

July 13, 1995


Claimant was employed as a computer specialist. Claimant requested a lengthy leave of absence due to medical problems. Although this request was denied, claimant did not return to work. Charges brought against him for being absent without leave were sustained and claimant was informed that he would be discharged. Prior to discharge, claimant resigned. We find that these facts provide substantial evidence to support the Board's finding that claimant resigned in lieu of discharge...

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