IN RE: THOMAS C. ZEMBIEC

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

IN RE: THOMAS C. ZEMBIEC, PETITIONER–RESPONDENT -APPELLANT, v.

CA 11–00330

Decided: September 30, 2011

PRESENT:  SMITH, J.P., CENTRA, CARNI, GREEN, AND MARTOCHE, JJ. DAVID VAN VARICK, COUNTY ATTORNEY, ROCHESTER (JAMES L. GELORMINI OF COUNSEL), FOR RESPONDENTS–APPELLANTS–RESPONDENTS. CHRISTINA A. AGOLA, PLLC, ROCHESTER (CHRISTINA A. AGOLA OF COUNSEL), FOR PETITIONER–RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

COUNTY OF MONROE, MONROE COUNTY SHERIFF'S

DEPARTMENT, PATRICK O'FLYNN, SHERIFF,

MONROE COUNTY SHERIFF'S DEPARTMENT,

IN HIS OFFICIAL AND INDIVIDUAL CAPACITY,

AND UNDERSHERIFF GARY CAIOLA, IN HIS

OFFICIAL AND INDIVIDUAL CAPACITY,

RESPONDENTS–APPELLANTS–RESPONDENTS.

Appeal and cross appeal from an amended judgment of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered May 18, 2010 in a proceeding pursuant to CPLR article 78.   The amended judgment, among other things, granted those parts of the petition seeking benefits pursuant to General Municipal Law § 207–c from August 12, 2008 through June 15, 2009 as well as petitioner's regular pay from June 15, 2009 through March 25, 2010.

It is hereby ORDERED that the amended judgment so appealed from is unanimously modified on the law by denying that part of the petition seeking an award of regular pay from June 15, 2009 through March 25, 2010 and vacating that award and as modified the amended judgment is affirmed without costs.

Patricia L. Morgan

Clerk of the Court