Ellingsworth v. City of Watertown

Appeal unanimously dismissed, on the law, without costs. Memorandum: Plaintiff is a sergeant in the Watertown Police Department who, at the time this action was instituted, was receiving disability compensation pursuant to General Municipal Law § 207-c. He seeks to recover for holiday pay withheld by the city during the year of 1983 in the amount of $796.88. Plaintiff commenced this action in the City Court of Watertown. The city filed a notice of appearance and moved to dismiss the complaint for failure to join the Police Benevolent Association (PBA) as a necessary party and for lack of…