In Matter of Bernstein v. Industrial Commr. of State of N.Y. (59 AD2d 678 [1977]) the employer applied section 5.3 (former [d]) to deem the employee's absence without leave an automatic "resignation." The employee sought reinstatement, and her request was denied. Her article 78 petition was originally dismissed as time-barred, but the Appellate Division reversed and reinstated the petition and awarded petitioner back pay effective the date of her "resignation" based on Johnson. In so doing, the court confirmed the profound effect that the Johnson decision had in enforcing compliance with Civil Service Law 75, stating (at 679) that "It appears that the State of New York has adopted a policy of reinstating all tenured civil service employees terminated pursuant to 4 NYCRR 5.3 (d) [the resignation rule] and that the office of the Attorney-General does not oppose reinstatement of petitioner-appellant in view of the decision in Matter of Johnson v. Director, Downstate Med. Center (41 NY2d 1061, 364 NE2d 837, 396 NYS2d 172, supra)."