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MATTER OF BROOKS v. FORSYTHE

189 A.D.2d 26 (1993)

In the Matter of Ronald R. Brooks et al., Appellants, v. Dall W. Forsythe, as Director of The New York State Division of the Budget, Respondent

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

March 4, 1993

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C., Albany (William P. Golderman of counsel), for appellants.

Robert Abrams, Attorney-General, Albany (Patrick Barnett-Mulligan and Peter G. Crary of counsel), for respondent.

MIKOLL, J. P., YESAWICH JR., MERCURE and CREW III, JJ., concur.

HARVEY, J.

Petitioners are past or present commissioned officers and one Senior Investigator of the Division of State Police. Pursuant to the terms of their collective bargaining agreements, petitioners receive an overtime premium in lieu of overtime compensation. Under limited circumstances, however, and pursuant to respondent's guidelines (hereinafter Item G-140), petitioners are eligible to earn extreme emergency...

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