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MATTER OF MOLFINO v. TOWN OF SHELTER ISLAND

234 A.D.2d 549 (1996)

651 N.Y.S.2d 591

In the Matter of John Molfino, Appellant, v. Town of Shelter Island et al., Respondents

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

December 23, 1996

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that since the petitioner was absent from work in excess of one year due to an occupational injury, the respondents properly terminated his employment pursuant to Civil Service Law § 71 (see, Matter of Allen v Howe, 84 N.Y.2d 665; see also, Matter of Duncan v New York State Dev. Ctr., 63 N.Y.2d 128...

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