Martineau v. McCall

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for a redetermination of his final average salary made for purposes of calculating retirement benefits.

Petitioner was employed as a Village Attorney for the Village of Pleasantville, Westchester County, from 1968 through 1991. He received a fixed base salary from which taxes and Social Security payments were deducted for all services other than litigation. When required to perform…