MATTER OF SHEERAN v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

506197

68 A.D.3d 1199 (2009)

2009 NY Slip Op 8914

891 N.Y.S.2d 167

In the Matter of THOMAS SHEERAN, Respondent, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION et al., Appellants.

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

Decided December 3, 2009.


Stein, J.

Petitioner was employed as a civil engineer for respondent Department of Transportation. Due to recurring medical problems, petitioner took voluntary sick leave beginning February 23, 2007. Although petitioner's personal physician subsequently cleared him to return to work, respondents first required petitioner to submit to a medical examination by a physician of respondents' choosing pursuant to 4 NYCRR 21.3 (e). Following examinations by John Hargraves...

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