Matter of Roberts v Cuomo

Matter of Roberts v Cuomo 2015 NY Slip Op 05996 Decided on July 9, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: July 9, 2015
520001

[*1]In the Matter of LILLIAN ROBERTS, as Executive Director of District Council 37, AFSCME, AFL-CIO, et al., Respondents,

v

ANDREW M. CUOMO, as Governor of the State of New York, et al., Appellants.

Calendar Date: May 26, 2015
Before: Lahtinen, J.P., McCarthy, Rose and Clark, JJ.

Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for appellants.

Robin Roach, District Council 37, AFSCME, AFL-CIO, New York City (Erica C. Gray-Nelson of counsel), for respondents.

Lahtinen, J.P.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Lynch, J.), entered January 7, 2014 in Albany County, which partially granted petitioners' application, in a proceeding pursuant to CPLR article 78, to, among other things, annul a determination of respondent State Budget Director to pay overtime to certain overtime-ineligible employees.

This appeal involves a dispute about the extent to which certain state employees are entitled to overtime compensation for

work performed in the course of the declared extreme emergency resulting from Hurricane Sandy. The dispositive issue is the same as was recently before us in Matter of Kent v Cuomo (124 AD3d 1185 [2015], lv denied 25 NY3d 906 [2015]) and, for the reasons set forth therein, the judgment must be reversed. The remaining arguments, to the extent properly before us, are unavailing.

McCarthy, Rose and Clark, JJ., concur.

ORDERED that the judgment is reversed, on the law, without costs, and petition dismissed.