Opinion
07-09-2015
In the Matter of Lillian ROBERTS, as Executive Director of District Council 37, AFSCME, AFL–CIO, et al., Respondents, v. Andrew M. CUOMO, as Governor of the State of New York, et al., Appellants.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for appellants. Robin Roach, District Council 37, AFSCME, AFL–CIO, New York City (Erica C. Gray–Nelson of counsel), for respondents.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for appellants.
Robin Roach, District Council 37, AFSCME, AFL–CIO, New York City (Erica C. Gray–Nelson of counsel), for respondents.
Before: LAHTINEN, J.P., McCARTHY, ROSE and CLARK, JJ.
Opinion
LAHTINEN, J.P.Appeal from a judgment of the Supreme Court (Lynch, J.), entered January 7, 2014 in Albany County, which partially granted petitioners' application, in a proceeding pursuant to CPLR article 78, to, among other things, annul a determination of respondent State Budget Director to pay overtime to certain overtime-ineligible employees.
This appeal involves a dispute about the extent to which certain state employees are entitled to overtime compensation for work performed in the course of the declared extreme emergency resulting from Hurricane Sandy. The dispositive issue is the same as was recently before us in Matter of Kent v. Cuomo, 124 A.D.3d 1185, 2 N.Y.S.3d 673 (2015), lv. denied 25 N.Y.3d 906, 2015 WL 3620563 (2015) and, for the reasons set forth therein, the judgment must be reversed. The remaining arguments, to the extent properly before us, are unavailing.ORDERED that the judgment is reversed, on the law, without costs, and petition dismissed.
McCARTHY, ROSE and CLARK, JJ., concur.