MATTER OF LEIRER v. CAPUTO


181 A.D.2d 119 (1992)

In the Matter of Elaine A. Leirer, Respondent, v. Joseph R. Caputo, as Comptroller of The County of Suffolk, et al., Appellants

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

June 22, 1992


Attorney(s) appearing for the Case

Robert J. Cimino, County Attorney (Joyce D. Long of counsel), for appellants.

Stewart Krupin for respondent.

MANGANO, P. J., and O'BRIEN, J., concur with SULLIVAN, J.; ROSENBLATT, J., dissents in a separate opinion.


SULLIVAN, J.

In the present appeal, we are called upon to determine whether the appellant Comptroller of the County of Suffolk possesses the inherent authority, pursuant to his express duties as the chief fiscal officer of the County, to recoup alleged salary overpayments from the wages of a County employee. We conclude that the Comptroller has such authority.

I.

The petitioner is employed...

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