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NEARY v. NYS DIV. OF BUDGET

192 Misc.2d 375 (2002)

745 N.Y.S.2d 864

In the Matter of KEVIN NEARY et al., Petitioners, v. NEW YORK STATE DIVISION OF THE BUDGET et al., Respondents.

Supreme Court, Albany County.

June 28, 2002.

Attorney(s) appearing for the Case

William P. Seamon, Albany (Edward J. Aluck of counsel), for petitioners.

Eliot Spitzer, Attorney General, Albany (Jeffrey P. Mans of counsel), for respondents.

OPINION OF THE COURT

BERNARD J. MALONE, JR., J.

The petition is granted to the extent that the petitioners are awarded a judgment annulling as arbitrary and capricious the determination of the Director of the New York State Division of the Budget (hereinafter the Division of the Budget and its Director are referred to collectively as DOB) which retroactively applied the 12% of salary limitation of Civil Service...

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