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MATTER OF CARUSO v. WARD

160 A.D.2d 557 (1990)

In the Matter of Phil Caruso, as President of The Patrolmen's Benevolent Association of the City of New York, Inc., et al., Appellants, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

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

April 24, 1990

Respondent denied petitioners' members the benefit of accrued overtime for pension purposes. Petitioners' position is that when a member retires, such overtime which has not been compensated by cash must be factored into the final salary base. (The base itself will depend on whether the member is tier I or tier II under the pension plan and is not itself relevant to the issue on review.) Petitioner relies upon its interpretation...

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