Opinion
April 18, 1995
Appeal from the Supreme Court, New York County (Walter Tolub, J.).
We agree with the IAS Court that the parties' agreement extending petitioner's probationary employment to a specific date "implicitly absorbed" the 40 days of sick leave petitioner took during her original probationary period, and that such 40 days cannot be used to extend the probationary period beyond the date specified in the agreement (see, Matter of Glisson v Steisel, 96 A.D.2d 83, 86). While agencies should be accorded judicial deference in the application of their rules and regulations, this case involves the interpretation of a contract, which, in cases of doubt or ambiguity, should be construed against the drafter, respondents herein (Jacobson v Sassower, 66 N.Y.2d 991, 993).
Concur — Ellerin, J.P., Rubin, Tom and Mazzarelli, JJ.