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MATTER OF SMOLKIN v. DiNAPOLI

507922.

72 A.D.3d 1179 (2010)

898 N.Y.S.2d 679

In the Matter of STANLEY SMOLKIN, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, Respondent.

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

Decided April 1, 2010.

SPAIN, J.

In 1991, petitioner was appointed and subsequently elected city court judge in the City of Long Beach, Nassau County. The judgeship was part time; petitioner received one quarter the salary of a full-time judge. However, in accordance with the practice of the Unified Court System with respect to city court judges at the time, petitioner was reported as a full-time judge such that petitioner received full-time...

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