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MATTER OF LEIRER v. CAPUTO

81 N.Y.2d 455 (1993)

In the Matter of Elaine A. Leirer, Appellant, v. Joseph R. Caputo, as Suffolk County Comptroller, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 15, 1993.

Attorney(s) appearing for the Case

Stewart Krupin, Hauppauge, for appellant.

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Joyce D. Long of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and SMITH concur.

BELLACOSA, J.

Petitioner-appellant is a Senior Deputy County Clerk of Suffolk County. Since May 1989, the County Comptroller has been unilaterally withholding 10% from each of her current paychecks as a method of recouping wages paid to her when, allegedly, she was not on the job. An audit conducted by the respondent Comptroller estimated the total back-due sum as $13,614.90. The intertwined issues on this appeal...

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