Removal is the process of transferring a case from state court to federal court. While there's a fundamental principle that says an agency cannot discipline someone for being on approved leave, there are indeed exceptions.This form can serve as a template when a lawyer is drafting a notice of removal from New York state court to federal court. General rule that filing an amended complaint which does not include the previously ‐asserted federal law claims does not divest the federal court of subject. An agency may remove an employee for excessive absence if the agency proves the Cook criteria, as identified in Cook v. Army, 18 MSPR 610 (1984). The first "Cook" exception is that an Agency can remove you for approved leave if you failed to properly follow leave requesting procedures. The first "Cook" exception is that an Agency can remove you for approved leave if you failed to properly follow leave requesting procedures. Dilworth partner Timothy Anderson, and GT in the Circuit Court of Cook County, captioned. Editor's Note: This form is intended to serve as a general template that must be adapted to a particular matter.