Opinion
April 28, 1986
Appeal from the Supreme Court, Nassau County (Morrison, J.).
Judgment reversed, with costs, and motion denied.
The language in the collective bargaining agreement does not resolve the question whether the "Platoon Duty Schedule" applicable to correction officers satisfies the contractual requirement that "[a]ll officers and employees" covered by the agreement receive compensatory time off for holidays which fall on their scheduled days off. The evidence in the record is insufficient to resolve the ambiguity, and the matter should therefore be determined at a trial by resort to extrinsic evidence concerning the intentions and understandings of the parties at the time of the agreement (see, Lachs v. Fidelity Cas. Co., 306 N.Y. 357, 364; Piedmont Hotel Co. v. Nettleton Co., 263 N.Y. 25, 29; 22 N.Y. Jur 2d, Contracts, § 189, at 25). Lazer, J.P., Mangano, Gibbons and Bracken, JJ., concur.