Vescio v. Levitt

Appeal from a judgment of the Supreme Court at Special Term, entered December 31, 1975 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel the respondent to recalculate the petitioner’s retirement allowance. The petitioner upon his retirement from employment by the City of Yonkers had accrued 75 days of unused vacation in his last three years of employment and received a lump sum payment for such time. The respondent has allowed him 30 days of such payment to be considered in computing his final average salary for the three-year…