Phillips v. New York City Health & Hospitals Corp.

*809OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Section 210 (subd 2, par [g]) of the Taylor Law (Civil Service Law, § 200 et seq.) penalizes a public employee who engages in an illegal strike by providing for the deduction from the employee’s compensation of "an amount equal to twice his daily rate of pay” for each day the employee remains on strike. Effectuation of this statutory policy requires that the term "daily rate of pay” be construed to encompass gross pay, rather than net pay. (See Matter of McGinn v Board of Educ., NYLJ, Dec. 16,…