Kuzma v. City of Binghamton

— Appeal from a judgment of the Supreme Court at Special Term (Smyk, J.), entered February 1,1983 in Broome County, which granted in part petitioner’s application, in a proceeding pursuant to CPLR article 78, to have respondents resume making certain retirement payments to petitioner and to reimburse him for improperly withheld payments. Petitioner, a City of Binghamton fireman since 1947, had sustained disabling injuries as a result of which respondent city, on April 21, 1978, filed an involuntary accidental disability retirement application on his behalf with the State Policemen’s and…