MATTER OF CUSHING v. GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS


58 A.D.3d 1095 (2009)

872 N.Y.S.2d 593

In the Matter of JUDY M. CUSHING et al., Appellants, v. GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS et al., Respondents.

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

January 29, 2009.


Malone Jr., J.

For approximately 35 years, petitioner Judy M. Cushing has been employed as a nurse by respondent New York State Office of Mental Health (hereinafter OMH) at the Hudson River Psychiatric Center in Dutchess County. During the past 30 years, she has worked the midnight shift. At various times in 2006, Cushing was directed by OMH to fill in for her supervisor when he was absent. Cushing's job is classified as a "Nurse 2 (Psychiatric)" (hereinafter N2)...

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