From Casetext: Smarter Legal Research

Paroli v. Dutchess County

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2002
292 A.D.2d 513 (N.Y. App. Div. 2002)

Opinion

2001-02593

Argued February 11, 2002.

March 18, 2002.

In an action to recover compensation for accrued vacation time, the defendants appeal from an order of the Supreme Court, Dutchess County (Hickman, J.), dated February 28, 2001, which granted the plaintiff's motion to dismiss their first and second affirmative defenses.

Ian G. MacDonald, County Attorney, Poughkeepsie, N.Y. (Keith P. Byron of counsel), for appellants.

Vergilis, Stenger, Roberts Pergament, Wappingers Falls, N.Y. (Kenneth M. Stenger of counsel), for respondent.

Before: SONDRA MILLER, J.P., ROBERT W. SCHMIDT, STEPHEN G. CRANE, BARRY A. COZIER, JJ.


ORDERED that the order is affirmed, with costs.

The Supreme Court correctly determined that payment of the plaintiff's accrued vacation pay upon leaving his office as Elections Commissioner of the Dutchess County Board of Elections was not subject to his leaving in "good standing." The Management Benefits Plan, which was applicable to the plaintiff, stated that an employee is entitled to payment for up to 45 days of accumulated vacation time upon separation from service, without any qualifying language. The requirement of good standing is found in the County's Employee Plan, which is applicable to non-management personnel. However, such language is absent from the Management Benefits Plan. Therefore, the plaintiff was not required to show that he left in good standing in order to receive his accrued vacation pay.

The defendants' remaining contentions are without merit.

S. MILLER, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.


Summaries of

Paroli v. Dutchess County

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2002
292 A.D.2d 513 (N.Y. App. Div. 2002)
Case details for

Paroli v. Dutchess County

Case Details

Full title:WILLIAM L. PAROLI, SR., respondent, v. DUTCHESS COUNTY, ET AL., appellants

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

Date published: Mar 18, 2002

Citations

292 A.D.2d 513 (N.Y. App. Div. 2002)
739 N.Y.S.2d 202

Citing Cases

Sabatino II v. Suffolk County

The Supreme Court properly determined that the petitioner satisfied the requirements set forth in Suffolk…

Gennes v. Yellow Book of N.Y., Inc.

Labor Law § 198-c applies to an employer who is a party to an agreement to pay or provide benefits or wage…