Opinion
October 14, 1986
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Ordered that the order and judgment is reversed insofar as appealed from, on the law and the facts, without costs or disbursements, a prior interlocutory judgment of the same court, dated March 13, 1985, is vacated, and the proceeding is dismissed on the merits.
The petitioner, who is an accountant in the employ of the appellant, was placed on an involuntary leave of absence by the appellant pursuant to Civil Service Law § 72 (5). Several months later, after a determination that the petitioner was fit to return to work, the petitioner was reassigned to a position involving different duties. Since the new position was at the same civil service level with the same salary and benefits as the former position, we reject the petitioner's contention that the reassignment was improper (see, Civil Service Law § 72; see, Matter of Galatti v County of Dutchess, 64 N.Y.2d 1163; Garelick v Dowling, 59 A.D.2d 733).
We also find that Special Term's direction to the appellant to expunge all references to the petitioner's involuntary leave from his employment record was improper, absent any provision in the statute for such a remedy (see, Civil Service Law § 72; 1983 McKinney's Session Laws of NY, at 2597-2598).
We have considered the petitioner's other contentions and find them to be without merit. Thompson, J.P., Weinstein, Rubin and Spatt, JJ., concur.