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MATTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFLCIO

273 A.D.2d 668 (2000)

711 N.Y.S.2d 41

In the Matter of the Arbitration between CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFLCIO, Appellant, and STATE OF NEW YORK et al., Respondents. (Proceeding No. 1.) In the Matter of CARMON CARNIBUCCI, Appellant, v. NEW YORK STATE EXECUTIVE DEPARTMENT DIVISION FOR YOUTH et al., Respondents. (Proceeding No. 2.)

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

Decided June 22, 2000.

Cardona, P. J.

The facts providing the background for these appeals are set forth in a CPLR article 78 proceeding commenced by petitioner Carmon Carnibucci, who was terminated by respondent Division For Youth (hereinafter the DFY) under Civil Service Law § 71 because he was absent from work for more than one year following two back injuries, one September 9, 1985 and the second May 22, 1991. In light of a May 27, 1992 determination by the Workers' Compensation...

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