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MTR OF TAYLOR v. MCGUIRE

100 Misc.2d 834 (1979)

In the Matter of James M. Taylor, Petitioner, v. Robert J. McGuire, as Commissioner of the New York City Police Department, et al., Respondents.

Supreme Court, Special Term, New York County.

July 27, 1979

Attorney(s) appearing for the Case

Cleary, McCrystal & Hametz (James J. Cleary of counsel), for petitioner. Allen G. Schwartz, Corporation Counsel (Barry L. Schwartz of counsel), for respondents.

BENTLEY KASSAL, J.

This is an article 78 proceeding to direct payment to petitioner of a lump sum of $22,057.92 for accumulated overtime and sick leave that he claims was due him upon his resignation from the New York City Police Department.

ISSUE

The threshold issue is whether a mayoral personnel order, authorizing lump-sum payments for accumulated overtime and sick leave benefits issued during the period of a city

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