CICERO v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY


264 A.D.2d 334 (1999)

694 N.Y.S.2d 51

ROCCO CICERO, Respondent, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Appellant.

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

Decided August 12, 1999.


Respondent Triborough Bridge and Tunnel Authority terminated petitioner Cicero's employment as a toll collector for excessive absenteeism. During the period between February 3, 1996 and November 5, 1997, petitioner worked 83 days and was absent for 304.5 days, an 80% absentee rate. It is undisputed that most of petitioner's absences were due to an on-the-job injury suffered in May 1996, and that most of them were authorized by respondent after petitioner underwent periodic...

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