Legal Opinion

Hauptman v. Village of Elmira Heights

New York Supreme Court

Decided December 16, 2004Published

1Opinion of the Court

OPINION OF THE COURT

Robert C. Mulvey, J.

*441The respondent Village of Elmira Heights has moved, pursuant to CPLR 7804 (f), for an order dismissing this CPLR article 78 proceeding by former Chief of Police Robert N. Hauptman seeking separation pay pursuant to section 207-m of the General Municipal Law and seeking damages for violation of his civil rights under 42 USC §§ 1983 and 1988.

The petitioner has alleged that he is owed payment for accrued unused compensatory, vacation and sick time earned prior to November 6, 1992, when he was a patrolman and sergeant in the collective bargaining unit, and…

2Cases cited5 opinions

  1. Zahra v. Town Of SoutholdCourt of Appeals for the Second Circuit · 1995
  2. Bower Associates v. Town of Pleasant ValleyNew York Court of Appeals · 2004
  3. Lockheed Martin Corp. v. Aatlas Commerce, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Monroe v. Schenectady CountyAppellate Division of the Supreme Court of the State of New York · 1999
  5. Murphy v. Village of DolgevilleNew York Court of Appeals · 1995

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