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Babiskin, and the terms of the settlement agreement were written
out by him and incorporated into a consent award. The consent
award refers to Mr. Broedel’s early retirement, the withdrawal of
disciplinary actions against Mr. Broedel, the withdrawal of Mr.
Broedel’s complaints, and a general release to SUNY of “any and
all liability arising out of and/or in connection with * * * [Mr.
Broedel’s] employment with * * * [SUNY]”. The consent award does
not refer to any personal injuries or sickness suffered by Mr.
Broedel, nor does it make any allocation of the settlement
payments among Mr. Broedel’s various claims. Mr. Panebianco
testified that SUNY’s only concern in reaching a settlement with
Mr. Broedel was the payment of one and one-half times Mr.
Broedel’s annual salary for him to retire and withdraw his
complaints. Mr. Lesniak, Mr. Broedel’s union steward, admitted
that the payments were made so that Mr. Broedel would retire.
Mr. Broedel testified that during the negotiations there was no
allocation of the settlement amount among his different claims.
Finally, Mr. Babiskin’s affidavit states that the settlement
agreement constituted the complete agreement between the parties
and that the subject of Mr. Broedel’s health and/or physical
condition was not discussed in Mr. Babiskin’s presence.
Petitioners have failed to show that SUNY intended any portion of
the payments to compensate Mr. Broedel for personal injuries or
sickness based upon tort or tort type rights.
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Last modified: May 25, 2011