Foster v. McCall

—Yesawich Jr., J.

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 request for recalculation of his final average salary or retirement benefits.

Petitioner was employed as a police officer since 1968, and most recently served as Chief of Police for the Village of North Syracuse in Onondaga County. On April 6, 1994, petitioner and the Village entered into an agreement to settle petitioner’s claims for back wages, holiday pay, paid sick leave and…