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Matter of Vecchia v. Town of North Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1994
207 A.D.2d 483 (N.Y. App. Div. 1994)

Opinion

August 22, 1994

Appeal from the Supreme Court, Nassau County (Becker, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the Town's contention, the petitioner was entitled to recover back pay. Deduction of any compensation earned by the petitioner from other employment was not warranted (see, Civil Service Law § 77; see also, Matter of Boylan v. Town of Yorktown, 179 A.D.2d 753). Moreover, accrued interest on the back pay was properly awarded (see, Matter of Kohler v. Board of Educ., 142 A.D.2d 676).

We disagree with the petitioner's contention raised on his cross-appeal that he was entitled to accrued leave compensation. Personal leave and vacation pay is generally not awarded over and above the full back pay reimbursement (see, May v. Shaw, 92 Misc.2d 140).

We have examined the parties' remaining contentions and find them to be without merit. Thompson, J.P., Balletta, Krausman and Florio, JJ., concur.


Summaries of

Matter of Vecchia v. Town of North Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1994
207 A.D.2d 483 (N.Y. App. Div. 1994)
Case details for

Matter of Vecchia v. Town of North Hempstead

Case Details

Full title:In the Matter of GARY DELLA VECCHIA, Respondent-Appellant, v. TOWN OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 22, 1994

Citations

207 A.D.2d 483 (N.Y. App. Div. 1994)
616 N.Y.S.2d 55

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