May v. State

Main and Mikoll, JJ.,

dissent and vote to reverse in the following memorandum by Main, J. Main, J. (dissenting). We respectfully dissent for the reasons stated in our dissent in New York State Inspection, Security & Law Enforcment Employees, Dist. Council 82, AFSCME, AFL-CIO v State of New York (84 AD2d 448). Moreover, in reference to the claim of Jean Harney, we find the *900State’s contention, i.e., that it can make a retroactive adjustment to the penalty to account for the retroactive pay increase, to be a valid one. At the time of the strike, claimant’s rate of pay was not certain since it was…