THOMAS P. ONEILL, ETC res, v. ANN PFAU, ETC., ap

MATTER OF THOMAS P. ONEILL, ETC res, v. ANN PFAU, ETC., ap — (INDEX NO. 15871/05)In a proceeding pursuant to CPLR article 78, inter alia, to compel the Chief Administrative Judge of the Courts of the State of New York to pay persons assigned to the New York State Court Officer title in Suffolk County a salary increment reflecting a continuous service credit due to the issuance of certain administrative orders dated January 8, 2004, and December 22, 2004, respectively, the appeal is from so much of a judgment of the Supreme Court, Suffolk County (Whelan, J.), dated January 7, 2011, as granted the second amended petition to the extent of remitting the matter to the Chief Administrative Judge of the Courts of the State of New York for the purpose of recalculating the salaries of persons assigned to the New York State Court Officer title in Suffolk County due to the issuance of certain administrative orders dated January 8, 2004, and December 22, 2004.

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MATTER OF THOMAS P. ONEILL, ETC res, v. ANN PFAU, ETC., ap — (INDEX NO. 15871/05)In a proceeding pursuant to CPLR article 78, inter alia, to compel the Chief Administrative Judge of the Courts of the State of New York to pay persons assigned to the New York State Court Officer title in Suffolk County a salary increment reflecting a continuous service credit due to the issuance of certain administrative orders dated January 8, 2004, and December 22, 2004, respectively, the appeal is from so much of a judgment of the Supreme Court, Suffolk County (Whelan, J.), dated January 7, 2011, as granted the second amended petition to the extent of remitting the matter to the Chief Administrative Judge of the Courts of the State of New York for the purpose of recalculating the salaries of persons assigned to the New York State Court Officer title in Suffolk County due to the issuance of certain administrative orders dated January 8, 2004, and December 22, 2004.

ORDERED that the judgment is modified, on the law, by deleting the provision thereof remitting the matter to the Chief Administrative Judge of the Courts of the State of New York for the purpose of recalculating the salaries of persons assigned to the New York State Court Officer title in Suffolk County due to the issuance of the administrative order dated January 8, 2004, and substituting therefor a provision dismissing, as time-barred, that branch of the second amended petition which sought to compel the Chief Administrative Judge of the Courts of the State of New York to pay persons assigned to the New York State Court Officer title in Suffolk County a salary increment reflecting a continuous service credit due to the issuance of the administrative order dated January 8, 2004; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

THOMAS P. ONEILL, ETC res, v. ANN PFAU, ETC., ap

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