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MATTER OF MARTINEAU v. McCALL

217 A.D.2d 847 (1995)

629 N.Y.S.2d 530

In the Matter of Paul A. Martineau, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York, et al., Respondents

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

July 20, 1995

Peters, J.

Petitioner was employed as a Village Attorney for the Village of Pleasantville, Westchester County, from 1968 through 1991. He received a fixed base salary from which taxes and Social Security payments were deducted for all services other than litigation. When required to perform litigation services, he submitted a voucher subsequent to each litigation. Payment upon these vouchers was made with neither taxes nor Social Security payments deducted...

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