Legal Opinion

McCaffrey v. Town of East Fishkill

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

Decided March 27, 2007PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Spolzino, J.

General Municipal Law § 207-c (1) requires a town to continue to pay the compensation of a police officer who is injured in the line of duty, despite the officer’s inability to perform the duties of his or her position, until such time as the officer is once again able to perform those duties. A town is permitted to discontinue such payments under certain limited circumstances set forth in the statute (General Municipal Law § 207-c [2]). The question presented by this appeal is whether a town may set off, as against the amounts it is paying to such an officer,…

2Cases cited19 opinions

  1. United States v. PriceSupreme Court of the United States · 1960
  2. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  3. Pajak v. PajakNew York Court of Appeals · 1982
  4. Teichman v. Community Hospital of Western SuffolkNew York Court of Appeals · 1996
  5. Clark v. CuomoNew York Court of Appeals · 1985

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3Cited by3 opinions

  1. Miserendino v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2012
  2. Lundy v. Town of BrightonDistrict Court, W.D. New York · 2010
  3. Miserendino v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2012

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