MILLER v. BROOME COUNTY


197 A.D.2d 170 (1994)

Gerald D. Miller, Respondent, v. County of Broome et al., Appellants

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

April 14, 1994


Attorney(s) appearing for the Case

Joseph James Slocum, County Attorney of Broome County, Binghamton (Robert G. Behnke of counsel), for appellants.

Aswad & Ingraham, Binghamton (Thomas A. Saitta of counsel), for respondent.

MIKOLL, J. P., MERCURE, WHITE and YESAWICH JR., JJ., concur.


CREW III, J.

From March 1, 1959 until his retirement on April 19, 1990, plaintiff was employed by defendant County of Broome in the Sheriff's Department. On December 12, 1986, plaintiff was issued a pager by defendant Broome County Sheriff for the purpose of putting plaintiff on standby duty during those times plaintiff was not on regularly scheduled duty. Pursuant to the terms of a collective bargaining agreement...

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