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MATTER OF DELAIN v. GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS

266 A.D.2d 627 (1999)

697 N.Y.S.2d 730

In the Matter of ROBERT DELAIN et al., Appellants, v. GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS et al., Respondents.

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

Decided November 4, 1999.

Cardona, P. J.

Petitioners are former employees of the State and members of the Public Employees' Federation (hereinafter PEF) who lost their employment pursuant to article 35.3 of the 1995-1999 collective bargaining agreement (hereinafter the agreement) between PEF and the State. That article provides, in pertinent part, that "[e]mployees absent from work without authorization for ten consecutive workdays shall be deemed...

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