MATTER OF PISHOTTI v. NEW YORK STATE THRUWAY AUTHORITY


38 A.D.3d 1122 (2007)

833 N.Y.S.2d 675

In the Matter of JAMES W. PISHOTTI, Appellant, v. NEW YORK STATE THRUWAY AUTHORITY, Respondent.

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

Decided March 22, 2007.


Mugglin, J.

Petitioner, a construction equipment operator, had been placed on disciplinary probation by respondent for violations of its policy against violence in the workplace. To avoid immediate termination for violating his disciplinary probation, petitioner submitted a written resignation to be effective January 31, 2005. Although the resignation had been accepted by the director of personnel on February 2, 2005, petitioner, on February 10, 2005, sought to withdraw...

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