Legg v. Fitzmaurice

OPINION OF THE COURT

Vincent G. Bradley, J.

Plaintiff moves for a preliminary injunction restraining the defendants from terminating his employment from the Department of Fire of the City of Albany and from requiring him to submit to an administrative hearing.

Plaintiff Legg, a fire fighter with the City of Albany for the past 23 years, alleges to have injured his back in the performance of his duties on November 9, 1975. Thereafter, the plaintiff received the full amount of his regular salary, without any apparent objection from his employer, for over five years.

On March 3,1981, defendant Chief…