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MATTER OF MITCHELL v. ESSEX COUNTY SHERIFF'S DEPARTMENT

302 A.D.2d 732 (2003)

755 N.Y.S.2d 486

In the Matter of STEVEN J. MITCHELL, Appellant, v. ESSEX COUNTY SHERIFF'S DEPARTMENT et al., Respondents.

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

Decided February 13, 2003.

Mercure, J.P.

Petitioner worked for respondent Essex County Sheriff's Department as a Deputy Sheriff, primarily as a school resource officer. On February 13, 2001, he was assigned to work as a dispatcher. Petitioner voluntarily left work that day after claiming—according to him—that he was "not medically stable" to continue working. Respondents contend, however, that petitioner stated that he was "mentally unstable" to perform his duties. Upon his return...

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