Legal Opinion

Taylor v. McGuire

New York Supreme Court

Decided July 27, 1979PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Bentley Kassal, J.

This is an article 78 proceeding to direct payment to petitioner of a lump sum of $22,057.92 for accumulated overtime and sick leave that he claims was due him upon his resignation from the New York City Police Department.

ISSUE

The threshold issue is whether a mayoral personnel order, authorizing lump-sum payments for accumulated overtime and sick leave benefits issued during the period of a city *835employee’s service, grants a right that cannot be impaired by subsequent official pronouncements.

FACTS

The facts in this case appear to be undisputed.* Petitioner…

2Cases cited4 opinions

  1. Matter of Mahon v. . Bd. of EducationNew York Court of Appeals · 1902
  2. Phaneuf v. City of PlattsburghNew York Supreme Court · 1974
  3. Local 456 International Brotherhood of Teamsters v. Town of CortlandtNew York Supreme Court · 1971
  4. Christian v. County of OntarioNew York Supreme Court · 1977

3Cited by5 opinions

  1. New Windsor Volunteer Ambulance Corps, Inc. v. MeyersCourt of Appeals for the Second Circuit · 2006
  2. New Windsor Volunteer Ambulance Corps, Inc. v. MeyersCourt of Appeals for the Second Circuit · 2006
  3. Yourman v. DinkinsDistrict Court, S.D. New York · 1993
  4. Yourman v. DinkinsDistrict Court, S.D. New York · 1994
  5. Michael v. Communications Workers of America AFL-CIONew York Supreme Court · 1985

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