Legal Opinion · Dissent

Sullivan v. Hoberman

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

Decided March 26, 1970Published

1Dissent

McGivern, J. P.

(dissenting). The petitioner, at the time of his injury was a fireman, New York City Fire Department, receiving full pay as such. He was on his annual two-week summer-camp stint, as a reservist. Regrettably, he was injured, but he was continued in a reservist pay status while hospitalized, and subsequently was awarded a disability compensation by the Veterans Administration, for life presumably, all the while receiving full pay from the Fire Department. He has not been inequitably treated. But, since the accident occurred while he was in a ‘ ‘ reservist ’ ’ status, it did not…

2Cases cited12 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Mitchell v. CohenSupreme Court of the United States · 1948
  3. Matter of Potts v. KaplanNew York Court of Appeals · 1934
  4. Matter of Carey v. MortonNew York Court of Appeals · 1948
  5. Matter of Williams v. WalshNew York Court of Appeals · 1942

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