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HINES v. NEW YORK CITY TR. AUTH.

15 Misc.2d 452 (1959)

William Hines, Appellant, v. New York City Transit Authority, Respondent.

Supreme Court, Appellate Term, Second Department.

February 10, 1959.

Attorney(s) appearing for the Case

Waldman & Waldman (Louis Waldman of counsel), for appellant.

Daniel T. Scannell and James P. McMahon for respondent.

Concur — PETTE, HART and DI GIOVANNA, JJ.

Per Curiam.

In this action to recover sick leave pay, the court below erroneously concluded that it had no jurisdiction of the subject of the action. This holding was predicated on the conclusion that plaintiff's exclusive remedy was by resort to an article 78 proceeding. Section 16-a of the Rapid Transit Law directs such payments to qualified employees who are unfit for employment as a matter of right and not as...

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