Turner v. New York Division of State Police

Appeal from a judgment of the Supreme Court (Hard, J.), entered July 15, 2015 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for overtime compensation.

Petitioner was employed as an investigator in respondent’s Protective Services Unit (hereinafter PSU) from 2008 to 2012. As a result of a 2001 pilot program and a subsequent modification thereto in 2008, PSU investigators began accruing overtime after being credited with 168 hours of work within a four-week period.…