Bett v. City of Lackawanna

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

Plaintiff, disabled while performing his duties as a fireman in 1971, was paid his full salary by the city until he failed to report for light duty in 1979 (see, General Municipal Law § 207-a [3]), at which time his employment was summarily terminated. In plaintiff’s action for damages and a declaratory judgment ordering continuation of his salary, the trial court granted plaintiff’s motion for summary judgment, holding that the city had never…