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IN THE MATTER OF SPRAGUE v. GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS

13 A.D.3d 849 (2004)

786 N.Y.S.2d 634

In the Matter of STUART SPRAGUE et al., Respondents, v. GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS et al., Appellants.

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

December 16, 2004.

Kane, J.

Petitioner Stuart Sprague is employed by respondent Department of Transportation (hereinafter DOT) as a Civil Engineer I (hereinafter CE I). As a result of the retirement of his supervisor, a Transportation Maintenance Engineer II (hereinafter TME II), Sprague was directed to perform the duties of that position. He did so, without a concomitant increase in pay to compensate him for performing those duties, from September 26, 2002 until November 21, 2002,...

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