SPENCER v. CHRIST CHURCH DAY CARE CENTER, INC.


280 A.D.2d 817 (2001)

720 N.Y.S.2d 633

WAYNE F. SPENCER, as Administrator of the Estate of PHILLIPPA SPENCER, Deceased, Appellant, v. CHRIST CHURCH DAY CARE CENTER, INC., Respondent.

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

Decided February 8, 2001.


Mugglin, J.

For approximately 13 years, Phillippa Spencer (hereinafter decedent) was employed by defendant as its Executive Director. In this action, plaintiff, as administrator of decedent's estate, seeks to recover $38,422.43 for decedent's unused vacation time and $71,285.66 for compensatory time. This appeal stems from Supreme Court's grant of defendant's motion for summary judgment dismissing the complaint, except to the extent that, based on provisions in its...

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