MATTER OF BRICKHOUSE v. CITY OF NEW YORK

Index No. 100256/18. Appeal No. 12393. Case No. 2019-2638.

188 A.D.3d 516 (2020)

136 N.Y.S.3d 240

2020 NY Slip Op 06699

In the Matter of Yvette Brickhouse, Appellant-Respondent, v. City of New York, Respondent-Appellant.

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

Decided November 17, 2020.


Petitioner's probationary period was for 18 months. Pursuant to the Personnel Rules and Regulations of City of New York (PRR) (55 RCNY Appendix A), petitioner's probationary period was "extended by the number of days [she] d[id] not perform the duties of the position," specifically including days spent on annual leave, sick leave, or leave without pay (PRR ¶ 5.28[b]; see Tomlinson v Ward, 110 A.D.2d 537, 538 [1st Dept 1985]...

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