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MATTER OF SMITH v. NEW YORK STATE OFFICE FOR PEOPLE

2018-07361.

180 A.D.3d 785 (2020)

115 N.Y.S.3d 911

2020 NY Slip Op 01066

In the Matter of Lois Smith, Appellant, v. New York State Office for People with Developmental Disabilities et al., Respondents.

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

Decided February 13, 2020.

Ordered that the judgment is affirmed, with costs.

The petitioner was employed as a licensed practical nurse by the respondent Taconic DDSO, a mental health facility operated under the auspices of the respondent New York State Office for People with Developmental Disabilities. The petitioner alleged that, on or about October 19, 2016, she submitted an application to her employer seeking leave under the Family and Medical Leave Act of 1993 (29 USC § 2601 et...

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