Legal Opinion · Concurring in part, dissenting in part

Local 589 International Ass'n of Fire Fighters v. City of Newburgh

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 1986Published

1Concurring in part, dissenting in part

Rubin, J. (concurring in part and dissenting in part).

The issue on this appeal is whether a provision in a collective bargaining agreement which, in effect, delegates to a private physician a municipality’s duty to make the quasi-judicial determination as to whether a fire fighter is eligible for disability benefits pursuant to General Municipal Law § 207-a is unenforcible as against public policy.

General Municipal Law § 207-a (1) imposes upon a municipality or fire district the obligation to pay a fire fighter who has been injured or taken sick as a result of the performance of his duties…

2Cases cited24 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Cohoes City School District v. Cohoes Teachers Ass'nNew York Court of Appeals · 1976
  3. Canfora v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1983
  4. In Re the Arbitration Between Susquehanna Valley Central School District & Susquehanna Valley Teachers' Ass'nNew York Court of Appeals · 1975
  5. Matter of City of New York v. SchoeckNew York Court of Appeals · 1945

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API