IN RE: Michael LoPRETE (2004)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Michael LoPRETE, Petitioner-Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, et al., Respondents-Respondents.

Decided: July 01, 2004

SAXE, J.P., ELLERIN, WILLIAMS, LERNER, SWEENY, JJ.

Kennedy, Schwartz & Cure, P.C., New York (Stuart Lichten of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Kristin M. Helmers of counsel), for respondents.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), entered January 27, 2004, which denied the petition, brought pursuant to CPLR article 78, seeking to annul termination of petitioner's employment pursuant to New York Civil Service Law § 71, unanimously affirmed, without costs.

Petitioner was originally injured while on duty as a motor vehicle operator in one of respondent's hospitals. Although respondents extended petitioner's one-year leave of absence (see Civil Service Law § 73) by ten days prior to the second accident, he failed to report to work for six additional days prior thereto, thus exceeding his authorized absence and forfeiting his right to reinstatement (Allen v. Howe, 84 N.Y.2d 665, 621 N.Y.S.2d 287, 645 N.E.2d 720). The subsequent determination of the Workers' Compensation Board is not relevant to the issue of reinstatement.

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