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IN THE MATTER OF PANELLA v. NEW YORK STATE CIV. SERV. COMMN.

504163.

2008 NY Slip Op 06338

IN THE MATTER OF SHAWN PANELLA, Petitioner, v. NEW YORK STATE CIVIL SERVICE COMMISSION ET AL., Respondents.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Nancy E. Hoffman, Civil Service Employees Association, Albany (Paul S. Bamberger of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Julie M. Sheridan of counsel), for respondents.

Before: Cardona, P.J., Peters, Spain, Carpinello and Stein, JJ.

MEMORANDUM AND JUDGMENT

CARPINELLO, J.

Petitioner, a mail and supply clerk with respondent Department of Labor since 1999 pursuant to Civil Service Law § 55-b,1 was placed on an involuntary leave of absence in October 2003 pursuant to Civil Service Law § 72 (1) based on a finding that he was mentally unfit to perform the essential duties of this position. In particular, a consulting psychiatrist with the State Employee...

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