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BENNETT v. COUNTY OF NASSAU

47 N.Y.2d 535 (1979)

Robert P. Bennett, as President of the Uniformed Court Officers Benevolent Association of Nassau County, et al., Appellants, v. County of Nassau, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Francis J. Donovan and Joseph D. Donovan for appellants.

Edward G. McCabe, County Attorney (Joshua A. Elkin of counsel), for respondent.

Judges GABRIELLI, WACHTLER and FUCHSBERG concur with Judge MEYER; Judge JONES dissents and votes to affirm in a separate opinion in which Judge JASEN concurs; Chief Judge COOKE taking no part.

MEYER, J.

This appeal presents the question whether section 220 (subd 6, par [d]) of the Judiciary Law [renumbered § 39, L 1978, ch 156, § 9] unconstitutionally impaired rights vested in plaintiffs, nonjudicial employees of the court system in the County of Nassau, to receive cash payment for accumulated vacation pay and sick leave upon the transfer, pursuant to court unification, of their positions...

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