BRIGGS v. TOWN OF PORTLAND

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Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Carol M. BRIGGS, Respondent, v. TOWN OF PORTLAND, Appellant.

Decided: December 31, 1998

Present:  DENMAN, P.J., WISNER, PIGOTT, Jr., CALLAHAN and FALLON, JJ. Charles Loveland, Brocton, for Defendant-Appellant. Sotir & Goldman by Richard Sotir, Jamestown, for Plaintiff-Respondent.

Supreme Court erred in granting the petition and ordering respondent to pay petitioner for her earned but unused sick leave and vacation time.  “In general, a public employee whose employment has terminated may not recover the monetary value of unused vacation and sick time in the absence of statutory or contractual authority” (Grishman v. City of New York, 183 A.D.2d 464, 465, 583 N.Y.S.2d 425, lv. denied 80 N.Y.2d 760, 591 N.Y.S.2d 138, 605 N.E.2d 874;  see, Matter of Antonopoulou v. Beame, 32 N.Y.2d 126, 131, 343 N.Y.S.2d 346, 296 N.E.2d 247).   Petitioner has no contractual right to be compensated for her unused sick leave and vacation time and has cited no local law, ordinance or other provision allowing for such payment (see, Cronk v. Town of Babylon, 65 A.D.2d 779, 410 N.Y.S.2d 335, appeal dismissed 46 N.Y.2d 1074, 416 N.Y.S.2d 1030, 390 N.E.2d 319).   Unlike the situation in Clift v. City of Syracuse, 45 A.D.2d 596, 360 N.Y.S.2d 356, petitioner has not alleged that she was urged to forego her vacation time or that she refrained from using her accrued vacation time because of the demands of her job or at the behest of her superiors.

Judgment unanimously reversed on the law without costs and petition dismissed.

MEMORANDUM: