ARMONK, N.Y. -- North Castle Town Administrator Joan Goldberg confirmed that she has repaid a portion of disputed funds to Yorktown stemming from her time as its comptroller.
Goldberg told Daily Voice that she repaid her net (after-tax) pay and interest, totaling about $43,000. Goldberg's net pay had been distributed in an escrow account since the dispute began, according to Goldberg. The funds collected interest while in the escrow, she explained.
Goldberg, who left her post in Yorktown in 2012, had nearly $77,000 in compensation tied to accrued but unused vacation time, with more than $42,000 of that being her net pay, according to court records.
A dispute ensued as a result, with the Town Board in September of that year approving legislation to authorize seeing recovery of the funds and a declaration that Goldberg was not entitled to the money, court records show. Goldberg then filed a lawsuit in state Supreme Court seeking a ruling to uphold her compensation and to overturn the town's actions concerning her eligibility and recovery litigation.
On Jan. 8, Judge Robert Neary ruled that Goldberg had to repay Yorktown, due to the lack of an formalized policy pertaining to the collection of accrued vacation time.
"In the present case, the record demonstrates that no preexisting contract or legislative enactment specifically provided for the Petitioner/Plaintiff to receive four (4) weeks vacation or the right to accumulate unused vacation time," Neary stated in his ruling.
However, Neary ruled in Goldberg's favor on another matter, declaring that her action did not constitute a conversion, which is a legal term for when property is taken from an unauthorized party.
Asked for comment, Yorktown Supervisor Michael Grace also acknowledged Goldberg's repayment. He discussed what would needed to be done to recover the amount withheld for taxes, which involves the town issuing an amended W2 tax form. Goldberg can also submit an amended tax return, according to Grace.
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