Legal Opinion
Whitted v. City of Newburgh
New York Supreme Court
Decided January 4, 2013Published
1Opinion of the Court
*213OPINION OF THE COURT
Lawrence H. Ecker, J.
The decision and order of the court is as follows:
Ordered, adjudged and decreed that the petition is denied and the proceeding dismissed.
Petitioners are retired firefighters for the respondent City of Newburgh who are receiving disability benefits for line-of-duty injuries pursuant to Retirement and Social Security Law § 363-c. Pursuant to General Municipal Law § 207-a (2), City of New-burgh is obligated to pay them the difference between such benefits and their “regular salary or wages,” i.e., the salary and wages being paid active firefighters.
On…
2Cases cited6 opinions
- Uniform Firefighters of Cohoes v. City of CohoesNew York Court of Appeals · 2000
- Mashnouk v. MilesNew York Court of Appeals · 1982
- Farber v. City of UticaNew York Court of Appeals · 2002
- Poughkeepsie Professional Firefighters' Ass'n v. New York State Public Employment Relations BoardNew York Court of Appeals · 2006
- Wise v. JenningsAppellate Division of the Supreme Court of the State of New York · 2002
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