MATTER OF TOOLEY v. McCALL


252 A.D.2d 794 (1998)

676 N.Y.S.2d 259

In the Matter of Lowell J. Tooley, Petitioner, v. Carl McCall, as Comptroller of The State of New York, Respondent

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

July 16, 1998


Mercure, J.

Petitioner, who retired after nearly 40 years of service with the Village of Scarsdale in Westchester County, challenges respondent's determination to exclude approximately $80,000 in "longevity pay" from his annual base salary for computation of his retirement benefits (see, Retirement and Social Security Law § 431). Fundamentally, retirement benefits are to be computed on the basis of an employee's regular salary and not on any...

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