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MATTER OF BASCOM v. McCALL

221 A.D.2d 879 (1995)

634 N.Y.S.2d 245

In the Matter of David S. Bascom et al., Petitioners, v. H. Carl McCall, as State Comptroller and Administrator of The New York State Police and Fire Retirement System, Respondent

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

November 30, 1995

Casey, J.

Petitioners, firefighters with the Fire Department of the City of Utica, Oneida County, sought to have wages paid pursuant to a call-back plan included in the calculation of their final average salary for the purpose of determining their pension. After a hearing, respondent determined that the payments were not overtime payments or compensation as provided by General Municipal Law § 90, were...

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