Farber v. City of Utica

Appeal from an order of Supreme Court, Oneida County (Ringrose, J.), entered June 3, 2002, which dismissed the counterclaim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the counterclaim is reinstated and the matter is remitted to Supreme Court, Oneida County, for further proceedings on the counterclaim.

Memorandum: Petitioner, a disabled firefighter receiving disability retirement benefits pursuant to General Municipal Law § 207-a (2), commenced this proceeding seeking in effect to prevent respondents, the City of…