MATTER OF COOK v. City of Utica

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

Section 363-c of the Retirement and Social Security Law provides for payment of benefits to firefighters who become incapacitated as a result of the performance of their duties. Eligibility for such benefits is determined by the Comptroller (id., § 363-c [d]; § 374 [b]). Firefighters employed by certain municipalities may also be covered by General Municipal Law § 207-a, which requires the employing governmental entity to pay full salary and medical expenses to…