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BELLO v. ROSWELL PARK INST.

5 N.Y.3d 170 (2005)

833 N.E.2d 252

800 N.Y.S.2d 109

In the Matter of JAKE BELLO, Ph.D., et al., Respondents, v. ROSWELL PARK CANCER INSTITUTE et al., Appellants.

Court of Appeals of the State of New York.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Robert M. Goldfarb, Caitlin J. Halligan, Daniel Smirlock and Wayne L. Benjamin of counsel), for appellants.

Offermann, Cassano, Greco, Slisz & Adams, LLP, Buffalo (Josephine A. Greco and Kevin P. Wicka of counsel), for respondents.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

We hold that an award of back pay pursuant to Civil Service Law § 77 may not include predecision interest.

Facts and Procedural History

Petitioners are research scientists who were laid off by the Roswell Park Cancer Institute (RPCI), a state institute under the management and control of the Department of Health. They brought a CPLR article 78...

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