Legal Opinion
Neary v. New York State Division of Budget
New York Supreme Court
Decided June 28, 2002PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Bernard J. Malone, Jr., J.
The petition is granted to the extent that the petitioners are awarded a judgment annulling as arbitrary and capricious the determination of the Director of the New York State Division of the Budget (hereinafter the Division of the Budget and its *376Director are referred to collectively as DOB) which retroactively applied the 12% of salary limitation of Civil Service Law § 134 (5) to emergency overtime already earned by petitioners under Civil Service Law § 134 (6) at 1½ times the hourly rate of pay received by petitioners, which overtime rate of pay…
2Cases cited4 opinions
- Boreali v. AxelrodNew York Court of Appeals · 1987
- T.D. v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1996
- Brooks v. ForsytheAppellate Division of the Supreme Court of the State of New York · 1993
- Welch v. ConstantineAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by2 opinions
- Maurer v. State Emergency Management OfficeAppellate Division of the Supreme Court of the State of New York · 2004
- Maurer v. State Emergency Management OfficeNew York Supreme Court · 2003