Matter of Tamucci 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 denying petitioner’s application for recalculation of his final average salary.

Between 1989 and 2012, petitioner was employed as a police officer by the City of New Rochelle Police Department (hereinafter the police department). In 2004, the City entered into an agreement with the Police Association of the City of New Rochelle — of which petitioner was an active member — which provided that all members of the Police Association…