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In re Hundertmark

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1997
237 A.D.2d 143 (N.Y. App. Div. 1997)

Opinion

March 11, 1997.

Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered January 9, 1996, which denied petitioner's application pursuant to CPLR article 78 petition to annul respondents' denial of his request for reinstatement to his former position with respondent MTA and dismissed the petition, unanimously affirmed, without costs.

Before: Ellerin, J.P., Wallach, Williams and Mazzarelli, JJ.


No triable issue of fact exists that would warrant a hearing pursuant to CPLR 7804 (h). The unrefuted documentary evidence establishes excessive and unauthorized absences during petitioner's tenure with the MTA, many of which predated his leave of absence pursuant to the Federal Family and Medical Leave Act and supports respondents' refusal to reinstate him after his voluntary resignation ( see, Matter of Frederick v Civil Sew. Commn., 175 AD2d 428, 429; Matter of Watts v New York City Tr. Auth., 213 AD2d 253).


Summaries of

In re Hundertmark

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1997
237 A.D.2d 143 (N.Y. App. Div. 1997)
Case details for

In re Hundertmark

Case Details

Full title:In the Matter of ROBERT C. HUNDERTMARK, JR., Appellant, v. MTA TRIBOROUGH…

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

Date published: Mar 11, 1997

Citations

237 A.D.2d 143 (N.Y. App. Div. 1997)
655 N.Y.S.2d 4