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MATTER OF NEW YORK STATE CORRECTIONAL OFFICER v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

506662.

66 A.D.3d 1291 (2009)

888 N.Y.S.2d 646

2009 NY Slip Op 7720

In the Matter of NEW YORK STATE CORRECTIONAL OFFICER AND POLICE BENEVOLENT ASSOCIATION, INC., et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided October 29, 2009.

Malone Jr., J.

Petitioner Elsie Pierre, a correction officer, suffered a work-related injury to her right shoulder in May 2004 and was placed on workers' compensation leave. In August 2005, respondent Department of Correctional Services (hereinafter respondent) notified Pierre that it intended to seek termination of her employment (see Civil Service Law § 71; 4 NYCRR 5.9 [c] [1]). Although Pierre maintained, in response, that she was fit to return to work...

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