MATTER OF BRIGGS v. TOWN OF PORTLAND


256 A.D.2d 1091 (1998)

684 N.Y.S.2d 810

In the Matter of CAROL M. BRIGGS, Respondent, v. TOWN OF PORTLAND, Appellant.

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

Decided December 31, 1998.


Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in granting the petition and ordering respondent to pay petitioner for her earned but unused sick leave and vacation time. "In general, a public employee whose employment has terminated may not recover the monetary value of unused vacation and sick time in the absence of statutory or contractual authority" (Grishman v City of New York,

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