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AUDIT & CONTROL v. COMP. BD.

76 A.D.2d 405 (1980)

New York State Department of Audit and Control, Petitioner, v. Crime Victims Compensation Board et al., Respondents. (And Three Other Related Proceedings.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 7, 1980

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Ronald I. Eisenstein, John D. Charles and Shirley Adelson Siegel of counsel), for petitioner.

Paul S. Hudson for Crime Victims Compensation Board, respondent.

Shea & Gould (Eva Posman of counsel), for Sarg L. Eisenberg, respondent.

SWEENEY, J., concurs with MAHONEY, P. J.; CASEY, J., concurs in a separate opinion; STALEY, JR., and KANE, JJ., dissent and vote to confirm in an opinion by STALEY, JR., J.

MAHONEY, P. J.

These four related proceedings involve the propriety of loss of earnings awards granted by the Crime Victims Compensation Board, pursuant to article 22 of the Executive Law, to uniformed police officers injured in the line of duty. Although all four received their full base salary, three were deprived of night shift differential pay due to their inability to work following their injuries, and...

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