Smith v. Frank

In this proceeding pursuant to article 78 of the CPLR, judgment is granted in favor of the respondents dismissing the petition.

Petitioner is the administratrix of the estate of William Smith who, prior to his death on November 4, 1971, was a patrolman in the Nassau County Police Department. She alleges that at the time of his death the decedent had not used 24% hours of compensatory time for overtime previously worked and contends that respondents were arbitrary or unreasonable in denying cash payment for the unused compensatory time.

Petitioner pleads that pursuant to a reasonable…