Port Authority Police Benevolent Ass'n v. Anglin

Kavanagh, J. (dissenting).

I must dissent. I see no difference between having to work when one is entitled to be on vacation and having to work overtime. Each involves additional time at work and each results in additional compensation for “work in excess of [the employee’s] regularly established hours of employment” (General Municipal Law § 90). Simply put, I see no rational basis upon which to distinguish one from the other, and I believe that the payments that petitioner Barry McCarthy (hereinafter petitioner) received for having to work on vacation days as a result of the national…