Matter of Gilles v. DiNapoli

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 denying petitioner’s application for recalculation of his final average salary.

Petitioner, a member of the Town of Greenburgh Police Department, received overtime pay for occasionally volunteering to work special-duty details, which involved police services provided to private entities that paid the Town for such services. After his retirement, the New York State and Local Retirement System notified petitioner that pay…