Foley v. Nelson

OPINION OF THE COURT

Harvey, J.

The constitutionality of Retirement and Social Security Law § 363-c is challenged in these appeals. Petitioner Thomas J. Foley had been employed as a police officer by the City of Schenectady since 1959 when, in 1980, he sustained an injury which prevented him from carrying on his duties. His employer filed an application on his behalf for accidental disability retirement benefits. If accepted, Foley would have received approximately three quarters of his pay under this benefit. The application, however, was rejected and the city was thus required to continue to…