Smith v. City of New York

OPINION of the court

Order entered June 23, 1982, modified by granting plaintiff’s motion only to the extent of awarding her summary judgment in the sum of $3,002.94 and, as modified, affirmed, without costs.

The facts are not in dispute. The plaintiff, employed in a noncompetitive position, was terminated, without fault on her part, after approximately three and one-half years of city service. At that time, she had to her credit a total of 153 days unused time (vacation days and accumulated overtime). Pursuant to the enabling statute (General Municipal Law, § 92), previous Mayors by executive…