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MATTER OF MAURER v. STATE EMERGENCY MANAGEMENT OFFICE

13 A.D.3d 751 (2004)

786 N.Y.S.2d 620

In the Matter of DONALD MAURER et al., Appellants, v. STATE EMERGENCY MANAGEMENT OFFICE et al., Respondents.

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

December 9, 2004.

Carpinello, J.

Following the events of September 11, 2001 at the World Trade Center, respondent Division of the Budget, pursuant to an executive order declaring a state emergency, permitted otherwise ineligible employees, such as petitioners, to collect overtime compensation for essential work performed in response to the disaster. The Division of the Budget, however, limited such overtime compensation to a maximum of 12% of an employee's basic salary, or 160 hours...

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