La Joie v. County of Niagara
Cases that cite this one
2 later published cases cite this decision.
- Mair-Headley v. County of Westchester (Appellate Division of the Supreme Court of New York 2007)
- Cooke v. City of Long Beach (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment unanimously affirmed with costs. Memorandum: Respondent appeals from a judgment annulling its termination of petitioner from her civil service position as clerk for the Department of Motor Vehicles, ordering respondent to reinstate petitioner to her job, and awarding petitioner back pay and benefits retroactive to August 28, 1995. The basis for respondent’s termination of petitioner was that she failed to return to work within one year after being placed on workers’ compensation leave.
Supreme Court properly annulled the termination of petitioner from her employment. The record establishes that respondent failed to notify petitioner, upon her commencement of leave, concerning the duration of such leave and its effect on her employment. In particular, respondent failed to notify petitioner that she would be terminated if she failed to return to work within one year. Respondent’s failure to give such notice violated 4 NYCRR 5.9 (b) and 21.8 (a) (2), as well as
Case-law data current through December 31, 2025. Source: CourtListener bulk data.