William J. Broedel and Joan C. Broedel - Page 13




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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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