IN THE MATTER OF CATHY ALLEN, APPELLANT, v. ELIN M. HOWE, AS COMMISSIONER OF
THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, ET AL.,
RESPONDENTS. / IN THE MATTER OF DIANE SPIEGEL, APPELLANT, v. CESAR A.
PERALES, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES,
RESPONDENT.
84 N.Y.2d 665, 645 N.E.2d 720, 621 N.Y.S.2d 287 (1994).
December 21 , 1994
3 No. 190 (1994 NY Int. 225)
3 No. 226
Decided December 21 , 1994
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
No. 190:
Paul S. Bamberger, for Appellant.
Daniel Smirlock, for Respondents.
No. 226:
Paul S. Bamberger, for Appellant.
Daniel Smirlock, for Respondent.
CIPARICK, J.:
Civil Service Law section 71 entitles an employee disabled by an
occupational injury to a leave of absence for at least one year,
unless the injury permanently disables the employee from the
performance of work duties. Respondents have promulgated regulations
construing this provision to mean that an employee who is absent due
to an occupational disability for a cumulative period of one year is
subject to termination if physically or mentally unable to return to
work. We conclude that respondents' interpretation of Civil Service
Law section 71 should be upheld and that it advances the State's
substantial interest in the productive and economically efficient
operation of its civil service, and does not abridge equal protection
or due process guarantees. Therefore, we now affirm the orders of the
Appellate Division.
I.
Petitioners, two state employees who were discharged following
SNIPPETS:
/ IN THE MATTER OF DIANE SPIEGEL, APPELLANT, v. CESAR A. PERALES, AS COMMISSIONER OF THE NEW
Daniel Smirlock, for Respondents.
Civil Service Law section 71 entitles an employee disabled by an occupational injury to a
Respondents have promulgated regulations construing this provision to mean that an employee
We conclude that respondents' interpretation of Civil Service Law section 71 should be upheld
we now affirm the orders of the Appellate Division.
Petitioners, two state employees who were discharged following cumulative one year absences
Both petitioners received letters in advance of termination advising that each was subject to
Petitioners maintain that section 71 does not authorize respondents to terminate an employee
Initially, we reject petitioners' contention that the Civil Service Department's construction
Similarly, the legislative history of the leave of absence provisions indicates that the
Prior to the enactment of these provisions, a civil service employer was unable to fill the
riate response to the void created by the absent employee, and the stigma associated with a
We conclude that because categorically different treatment of injured civil servants promotes
We, therefore, reject as unfounded petitioners' contention that respondents' calculation of
Petitioner Allen's further attempt to erode the legitimacy of the distinction between
See, e.g., Mem of Dept of Civil Service, Bill Jacket, L 1958, ch 790, at 18-23 supra; Mem of
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