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PEOPLE v. SERKIZ

17 A.D.3d 28 (2005)

790 N.Y.S.2d 296

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIAM T. SERKIZ, Respondent.

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

February 24, 2005.

Attorney(s) appearing for the Case

Gerald F. Mollen, District Attorney, Binghamton (Stephen D. Ferri of counsel), for appellant.

William C. Pelella, Binghamton, for respondent.

PETERS, J.P., ROSE, LAHTINEN and KANE, JJ., concur.

OPINION OF THE COURT

MUGGLIN, J.

Defendant, a 25-year employee in the Department of Public Works of the Town of Union, Broome County, had, in accordance with the collective bargaining agreement (hereinafter CBA) between his union and the Town, accumulated in excess of 200 days of compensable sick time. As he was contemplating retirement in the not too distant future and, as the CBA provided that he could be compensated on retirement for no more than 135...

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