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HOLZAPFEL v. TOWN OF NEWBURGH, NY

Docket No. 97-7114.

145 F.3d 516 (1998)

Joseph H. HOLZAPFEL, And others similarly situated, Plaintiff-Appellant, v. TOWN OF NEWBURGH, NY; Charles M. Kehoe, Chief of Police, Town of Newburgh Police Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 27, 1998.

Attorney(s) appearing for the Case

Alan S. Kaufman, Albany, NY (Jeffrey Chamberlain, Chamberlain and Kaufman, Albany, NY, of counsel), for Plaintiff-Appellant.

Daniel J. Schneider, Newburgh, NY (Drake, Sommers, Loeb, Tarshis & Catania, P.C., Newburgh, NY, of counsel), for Defendants-Appellees.

Before: CARDAMONE, MINER, and LEVAL, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal centers on a K-9 police officer, Joseph H. Holzapfel, who in undertaking to care and provide for the needs of his assigned police dog, claims a substantial amount of overtime for tasks he performed at home. Plaintiff alleges that although he spent 44-45 hours off-duty each week looking after his dog, "Bandit," he received only two hours per week of overtime pay pursuant to police department policy.

Holzapfel brought suit...

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