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MATTER OF MORAN v. CITY

21 Misc.3d 195 (2008)

862 N.Y.S.2d 286

In the Matter of KATHERINE MORAN, Petitioner, v CITY OF SARATOGA SPRINGS et al., Respondents.

Supreme Court, Saratoga County.

July 24, 2008.

Attorney(s) appearing for the Case

Nancy E. Hoffman, Albany (Steven A. Crain of counsel), for petitioner.

Poklemba & Hobbs, LLC, Saratoga Springs, for respondents.

OPINION OF THE COURT

THOMAS D. NOLAN, JR., J.

In this CPLR article 78 proceeding, the question presented is whether the City of Saratoga Springs under Civil Service Law § 159-b must pay its employees for "leaves of absences" to undergo breast cancer screening tests.1

In 2002, the Legislature passed and the Governor signed into law section 159-b entitled "Excused leave...

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