Court of Appeals of New York

In a town's challenge to a county's determination regarding an employee's fitness to resume work before the town reinstated him to his position under Civil Service Law section 71, the judgment of the Appellate Division is affirmed where when a civil service commission or department directs a municipal employer to reinstate an employee pursuant to a medical officer's determination of fitness under Civil Service Law section 71, the municipal employer must immediately reinstate the employee, and a challenge to such a determination must take the form of an article 78 petition.

Appellate Information

• Decided 11/27/2012
• Published 11/27/2012

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel