FRANK v. STATE OF N.Y.

511590.

86 A.D.3d 183 (2011)

924 N.Y.S.2d 634

2011 NY Slip Op 4588

RODNEY FRANK, Appellant, v. STATE OF NEW YORK, OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, et al., Respondents.

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

Decided June 2, 2011.


Attorney(s) appearing for the Case

Saunders Kahler, L.L.P., Utica ( Michael D. Callan of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Julie M. Sheridan of counsel), for respondents.

SPAIN, J.P. KAVANAGH, McCARTHY and GARRY, JJ., concur.


OPINION OF THE COURT

LAHTINEN, J.

Plaintiff, a state employee since 2004, commenced this action premised upon the public employee whistleblower statute (see Civil Service Law § 75-b) and 42 USC § 1983 after he was terminated in February 2009 from his job with defendant Office of Mental Retardation and Development Disabilities (hereinafter OMRDD). He asserts that, when employed as a Developmental Aide at a facility operated by OMRDD in Schenectady...

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