AYERS v. CITY OF MOUNT VERNON

2017-03963, Index No. 70515/14.

176 A.D.3d 766 (2019)

110 N.Y.S.3d 43

2019 NY Slip Op 07230

Andrea L. Ayers, Appellant, v. City of Mount Vernon, Respondent.

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

Decided October 9, 2019.


Attorney(s) appearing for the Case

Charny & Wheeler ( Nathaniel K. Charny and Eisner and Dictor, P.C., New York, NY [ Thomas J. Lamadrid ], of counsel), for appellant.

Coughlin & Gerhart, LLP, Binghamton, NY ( Paul J. Sweeney and Shannon E. Kane of counsel), for respondent.

Austin, J.P., Cohen, Brathwaite Nelson and Iannacci, JJ., concur.


The plaintiff was appointed as Ordinance Officer for the defendant, City of Mount Vernon, by a letter dated January 3, 2013 (hereinafter the Notice of Appointment). The Notice of Appointment indicated that the plaintiff would serve a six-month probationary period, after which she would be appointed to her position permanently. It confirmed certain terms of the appointment, including the annual salary, which was described as "$47,211.74 (Grade 7A Step 4)." The Notice of Appointment...

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