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AHERN v. STATE OF NEW YORK

174 Misc.2d 123 (1997)

662 N.Y.S.2d 684

John L. Ahern et al., Claimants, v. State of New York, Defendant. (Claim No. 95288.) Gerald J. Long et al., Claimants, v. State of New York, Defendant. (Claim No. 95270.) John M. Moran et al., Claimants, v. State of New York, Defendant. (Claim No. 95271.)

Court of Claims.

June 20, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Kevan J. Acton of counsel), for defendant. Blitman & King, L. L. P., Syracuse (Donald D. Oliver and Kenneth L. Wagner of counsel), for John F. Ahern and others, claimants. Michaels, Bell & Smolak, P. C., Auburn (Jan M. Smolak of counsel), for Gerald J. Long and others, claimants. Mulholland & Hickey, Washington, D.C. (Gregory K. McGillivary and Douglas L. Steele of counsel), for John M. Moran and others, claimants.

LOUIS C. BENZA, J.

The State, by preanswer motion, seeks dismissal of these claims principally on the basis that the claims were untimely filed.

Claimants seek back pay and interest which they allege is due them for overtime work performed during the course of their employment with the New York State Police.

The three claims were initially commenced in Federal District Court during July and...

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