Farber v. City of Utica

OPINION OF THE COURT

SCUDDER, J.

Respondents appeal from a judgment granting the petition seeking to compel respondents to recalculate the amount of benefits paid to petitioner pursuant to General Municipal Law § 207-a (2) and dismissing the counterclaim. Petitioner, a former firefighter for respondent City of Utica (City), receives a disability pension (see, Retirement and Social Security Law § 363-c [b] [1]) to which has been added a “supplemental retirement allowance” pursuant to Retirement and Social Security Law § 78. Pursuant to General Municipal Law § 207-a (2), the City is obligated to…