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MATTER OF DAILEY v. CITY OF NEW YORK

301 A.D.2d 439 (2003)

752 N.Y.S.2d 884

In the Matter of TIMOTHY J. DAILEY, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 21, 2003.

Under Mayoral Executive Order No. 76, dated March 23, 1973, an employee whose employment terminates other than by retirement "may be paid" the monetary value of any accumulated and unused compensatory time, "subject to the written approval of the agency head." Pursuant thereto, the Police Department issued a written policy statement, dated November 20, 1989, providing that accrued compensatory time would be paid only to members...

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