Legal Opinion

Wydra v. City of Rochester

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 2011Published

1Opinion of the Court

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination to discontinue the payment of benefits to her under section 8A-6 of the Charter of respondent City of Rochester (City) and to terminate her employment as a police officer. We conclude that the petition should be granted. Section 8A-6 of the Charter provides in relevant part that the Chief of Police, on behalf of the City, shall compensate any member of the Police Department “who is injured in the performance of his or her duties or who is taken sick as a result of the performance of his or her…

2Cases cited4 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. White v. County of CortlandNew York Court of Appeals · 2002
  3. Ross v. Town Board of RamapoAppellate Division of the Supreme Court of the State of New York · 1980
  4. D'Accursio v. Monroe CountyAppellate Division of the Supreme Court of the State of New York · 2010

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