Dailey v. City of New York

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about January 17, 2002, which, in a CPLR article 78 proceeding to compel respondent City and respondent Police Department to pay petitioner the monetary value of the compensatory time he had accrued at the time of his resignation from the Police Department, granted respondents’ cross motion to dismiss the petition, unanimously affirmed, without costs.

Under Mayoral Executive Order No. 76, dated March 23, 1973, an employee whose employment terminates other than by retirement “may be paid” the monetary value of any…