Sutka v. Conners

OPINION OF THE COURT

Kaye, J.

In this statutory interpretation case, the question is whether the line-of-duty presumption for firefighters’ heart-related retirement disability benefits (Retirement and Social Security Law § 363-a [1]) should be read into General Municipal Law § 207-a, which generally governs firefighters’ sick leave benefits. We conclude that it should not, and therefore reverse the order of the Appellate Division and dismiss the petition.

I

After passing a physical examination, in January 1971 petitioner commenced employment as a firefighter for the Board of Fire Commissioners of…