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MATTER OF MCSHANE v. STATE

651580/2013

43 Misc.3d 320 (2014)

978 N.Y.S.2d 659

2014 NY Slip Op 24005

In the Matter of PATRICK McSHANE, Petitioner, v. STATE OF NEW YORK et al., Respondents.

Supreme Court, New York County.

Decided January 7, 2014.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General,, New York City ( Elyce N. Matthews of counsel), for respondents.

Lichten & Bright, P.C., New York City ( Stuart Lichten of counsel), for petitioner.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

This combined CPLR article 78 and article 75 proceeding concerns acts ostensibly taken under Civil Service Law § 72 for placement of petitioner, a tenured civil service worker, on involuntary leave for medical disability and a parallel grievance procedure under the collective bargaining agreement (COBA) between the State of New York and the Public Employees Federation, petitioner's union, to terminate petitioner...

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