MATTER OF MELBER v. NEW YORK STATE EDUCATION DEPARTMENT

507795.

71 A.D.3d 1216 (2010)

896 N.Y.S.2d 228

In the Matter of JOSEPH MELBER et al., Appellants, v. NEW YORK STATE EDUCATION DEPARTMENT et al., Respondents.

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

Decided March 4, 2010.


Mercure, J.P.

Petitioner Joseph Melber was employed by respondent Department of Education (hereinafter respondent). On October 31, 2007, Melber became upset and left work early after concerns were expressed as to his mental health. He sent an e-mail to his supervisor a few hours later in which he resigned his position, effective November 1, 2007. Melber sought to withdraw his resignation on November 2, 2007, minutes after respondent had accepted it. Respondent denied...

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