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ABBATIELLO v. REGAN

205 A.D.2d 1027 (1994)

614 N.Y.S.2d 451

Eugene Abbatiello et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Edward V. Regan, as State Comptroller and Administrator of The New York State Policemen's and Firemen's Retirement System, Appellant

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

June 30, 1994

Weiss, J.

In order to enhance pension benefits for their members, four unions representing police and firefighters in the City of Yonkers, Westchester County, negotiated a provision in their respective collective bargaining agreements in 1978 (hereinafter referred to as the Preferred Overtime Program) whereby members could, in any two calendar years during their career, voluntarily make a binding election to work during their scheduled vacations and receive...

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