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MATTER OF PANELLA v. NEW YORK STATE CIVIL SERVICE COMMISSION

53 A.D.3d 905 (2008)

861 N.Y.S.2d 855

In the Matter of SHAWN PANELLA, Petitioner, v. NEW YORK STATE CIVIL SERVICE COMMISSION et al., Respondents.

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

Decided July 17, 2008.

Carpinello, J.

Petitioner, a mail and supply clerk with respondent Department of Labor since 1999 pursuant to Civil Service Law § 55-b,* was placed on an involuntary leave of absence in October 2003 pursuant to Civil Service Law § 72 (1) based on a finding that he was mentally unfit to perform the essential duties of this position. In particular, a consulting psychiatrist with the State Employee Health Services evaluated petitioner...

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