| Miller v Nassau County Civ. Serv. Commn. |
| 2011 NY Slip Op 05033 [85 AD3d 746] |
| June 7, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Roberta Miller, Appellant, v Nassau County Civil Service Commission et al., Respondents. |
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John Ciampoli, County Attorney, Mineola, N.Y. (Dennis J. Saffran and David Tauster of
counsel), for respondents.
In an action, inter alia, for reinstatement to employment and to recover back pay, the plaintiff appeals, as limited by her brief, from so much of an interlocutory judgment of the Supreme Court, Nassau County (Lally, J.), entered June 4, 2010, as failed to award her predecision interest on her cause of action based on legislative equivalency.
Ordered that the interlocutory judgment is affirmed insofar as appealed from, with costs.
The award of back pay to the plaintiff is derived from Civil Service Law § 77, "and that statute does not provide for predecision interest" (Matter of Bello v Roswell Park Cancer Inst., 5 NY3d 170, 174 [2005]). Mastro, J.P., Leventhal, Chambers and Cohen, JJ., concur.