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IN THE MATTER OF NEW YORK STATE DEPT. OF CORRECTIONAL SERVS. v. NEW YORK STATE DIV. OF HUMAN RIGHTS

57 A.D.3d 1057 (2008)

868 N.Y.S.2d 387

In the Matter of NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, on Complaint of EDWARD J. RICE, Respondent, et al., Respondent.

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

December 4, 2008.

Malone Jr., J.

Edward J. Rice, who was employed by petitioner as a correction officer, suffered a heart attack in March 2004, which resulted in the implantation of stents and a defibrillator in his chest. Although Rice was cleared for duty without restriction by his cardiologist in May 2004, petitioner placed him on involuntary leave until November 2005, at which time it terminated Rice's employment on the basis that he "ha[d] been continuously absent" and "unable...

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