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AMERUSO v. CITY OF NEW YORK

141 Misc.2d 389 (1988)

Anthony R. Ameruso, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, New York County.

September 19, 1988

Attorney(s) appearing for the Case

Stein, Davidoff & Malito (Matthew Feigenbaum and Leonard Benowich of counsel), for plaintiff. Peter L. Zimroth, Corporation Counsel (Paul T. Rephen and Tai Park of counsel), for defendants.

DAVID B. SAXE, J.

I hold that the right of New York City employees to receive, upon retirement, payment of a lump sum for their unused leave is not absolute. It is contingent upon faithful service without fault or misconduct, even when the applicable municipal regulations in effect at the time of the employee's retirement temporarily failed to include any such explicit condition. The condition that such payment...

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