Legal Opinion

David S. v. McCall

Appellate Division of the Supreme Court of the State of New York

Decided November 30, 1995PublishedCited by 6 opinions

1Opinion of the Court

—Casey, 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 which denied petitioners’ request for a recalculation of their final average salary.

Petitioners, firefighters with the Fire Department of the City of Utica, Oneida County, sought to have wages paid pursuant to a call-back plan included in the calculation of their final average salary for the purpose of determining their pension. After a hearing, respondent determined that the payments were not overtime payments or…

2Cases cited6 opinions

  1. Hohensee v. ReganAppellate Division of the Supreme Court of the State of New York · 1988
  2. Cannavo v. ReganAppellate Division of the Supreme Court of the State of New York · 1986
  3. Abbatiello v. ReganAppellate Division of the Supreme Court of the State of New York · 1994
  4. Shames v. ReganAppellate Division of the Supreme Court of the State of New York · 1987
  5. Conrad v. ReganAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by6 opinions

  1. Davies v. New York StateAppellate Division of the Supreme Court of the State of New York · 1999
  2. Tooley v. McCallAppellate Division of the Supreme Court of the State of New York · 1998
  3. Foster v. McCallAppellate Division of the Supreme Court of the State of New York · 1998
  4. Weingarten v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2001
  5. Matter of Gallante v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2024

1 more not listed; retrieve them via the Exa API.

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