1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 18 N.Y.3d
  5. 18 N.Y.3d 61 (2011)
 

SHEERAN v. DEPT. OF TRANSP.

Nos. 195, 196.

18 N.Y.3d 61 (2011)

2011 NY Slip Op 8229

In the Matter of THOMAS SHEERAN, Appellant, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION et al., Respondents. In the Matter of MICHELLE BIRNBAUM, Appellant, v. NEW YORK STATE DEPARTMENT OF LABOR et al., Respondents.

Court of Appeals of New York.

Decided November 17, 2011.

Attorney(s) appearing for the Case

Rita J. Verga , Albany, and William P. Seamon for appellant in the first and second above-entitled actions.

Eric T. Schneiderman , Attorney General, Albany ( Julie M. Sheridan , Barbara D. Underwood and Andrea Oser of counsel), for respondents in the first and second above-entitled actions.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and JONES concur with Judge PIGOTT; Judge SMITH dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

PIGOTT, J.

The issue presented on both of these appeals is whether Civil Service Law § 72, which provides certain procedural safeguards to a public employee when placed on an involuntary leave of absence, applies to employees who are prevented from returning to work following a voluntary absence. We hold that it does.

I

Petitioner Thomas Sheeran was a civil engineer in the New York State Department of Transportation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases