Chichester v. DiNapoli

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for recalculation of his final average salary.

Between December 1, 1993 and August 31, 2009, petitioner was employed — pursuant to a series of employment contracts — as the Executive Director of the Montgomery-Otsego-Schoharie Solid Waste Management Authority (hereinafter MOSA). In December 2004, petitioner’s then-current employment contract expired without a new agreement in place,…