No triable issue of fact exists that would warrant a hearing pursuant to CPLR 7804 (h). The unrefuted documentary evidence establishes excessive and unauthorized absences during petitioner's tenure with the MTA, many of which predated his leave of absence pursuant to the Federal Family and Medical Leave Act and supports respondents' refusal to reinstate him after his voluntary resignation (see, Matter of Frederick v Civil Serv. Commn.,
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