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IN THE MATTER OF SECKLER v. COUNTY OF NASSAU

7 A.D.3d 720 (2004)

778 N.Y.S.2d 41

IN THE MATTER OF JEROME E. SECKLER, Appellant, v. COUNTY OF NASSAU ET AL., Respondents.

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

May 17, 2004.

Ordered that the judgment is affirmed, with costs.

The respondents' failure to pay the petitioner, upon his retirement, for accrued but unused vacation time in excess of 90 days pursuant to Nassau County Ordinance No. 543-1995 § 3.4 (b), was not arbitrary, capricious, or an abuse of discretion (see Matter of Pell v Board of Educ., 34 N.Y.2d 222 [1974]). Testimony at the trial established that the respondent Office of...

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