Kieper v. Fitzgibbons

OPINION OF THE COURT

Edward F. McLaughlin, J.

This motion was brought on by petitioner at Special Term on October 11, 1977 pursuant to CPLR article 78 by way of *1068mandamus directing respondent to pay to the petitioner the regular salary of a fireman of the Fire Department of the City of Oswego until such time as petitioner’s disability has ceased, pursuant to sections 207-a and 207-k of the General Municipal Law.

In brief, the petitioner, James I. Kieper, states that he was a member of the Fire Department of the City of Oswego, New York, having been duly appointed on or about May 30, 1968, and was…