Pollini v. Fuller Road Fire Department

Memorandum. We agree with the Appellate Division that plaintiff is limited to his statutory remedy. The Hicksville Fire District can be considered a person or agency within the intendment of subdivision (3) of section 19 of the Volunteer Firemen’s Benefit Law. We do not find, however, as that court did, any inconsistency in this result with that reached by the Appellate Division, Third Department, in Giuliano v. Town of Brunswick (32 A D 2d 705) where it was held that the injured fireman, employed by the Town of North Gfreenbush Fire District, could maintain an action against the Town of…