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MATTER OF SMITH v. FRANK

70 Misc.2d 558 (1972)

In the Matter of Gwenn Smith, as Administratrix of The Estate of William Smith, Deceased, Petitioner, v. Louis J. Frank, as Commissioner of Police of the Nassau County Police Department, et al., Respondents.

Supreme Court, Special Term, Nassau County.

May 5, 1972

Attorney(s) appearing for the Case

Richard Hartman for petitioner. Joseph Jaspan, County Attorney, for respondents.

MARIO PITTONI, J.

In this proceeding pursuant to article 78 of the CPLR, judgment is granted in favor of the respondents dismissing the petition.

Petitioner is the administratrix of the estate of William Smith who, prior to his death on November 4, 1971, was a patrolman in the Nassau County Police Department. She alleges that at the time of his death the decedent had not used 24½ hours of compensatory time for overtime previously worked and...

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