Legal Opinion
Farrell v. Dolce
New York Supreme Court
Decided August 26, 1996PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
John R. LaCava, J.
In this CPLR article 78 proceeding, petitioner John P. Far*335rell, a former City of White Plains firefighter, challenges the termination of General Municipal Law § 207-a (2) benefits on the grounds that the determination is arbitrary, capricious, an abuse of discretion, is affected by errors of law, and was made in violation of lawful procedure.
Among other things, petitioner argues that it was error for respondents to have terminated his section 207-a (2) benefits because there is no mandatory service retirement age applicable to him, nor is there any age…
2Cases cited13 opinions
- Public Employees Retirement System of Ohio v. BettsSupreme Court of the United States · 1989
- Riva v. Commonwealth of MACourt of Appeals for the First Circuit · 1995
- Cook v. City of BinghamtonNew York Court of Appeals · 1979
- Johnson v. Mayor and City Council of BaltimoreSupreme Court of the United States · 1985
- Mashnouk v. MilesNew York Court of Appeals · 1982
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3Cited by1 opinion
- Travis v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2004