MATTER OF DEL GAUDIO v. ZURMUHLEN


29 Misc.2d 84 (1961)

In the Matter of Enrico J. Del Gaudio et al., Petitioners, v. Frederick H. Zurmuhlen, as Commissioner of the Department of Public Works of the City of New York, Respondent.

Supreme Court, Special Term, New York County.

March 13, 1961


Attorney(s) appearing for the Case

Morris Weissberg for petitioners. Charles H. Tenney, Corporation Counsel (Louis Napolitano of counsel), for respondent.


EDGAR J. NATHAN, JR., J.

This is a petition pursuant to article 78 of the Civil Practice Act. Petitioners are employed as sewage treatment workers in the Department of Public Works of the City of New York. In essence, they are seeking to test the legality of respondent's practice of requiring them to work overtime in excess of eight hours per day with compensatory time off rather than overtime pay, at the risk...

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