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CITY OF NY v. FIRE OFFICERS

263 A.D.2d 3 (1999)

699 N.Y.S.2d 355

In the Matter of CITY OF NEW YORK et al., Respondents, v. UNIFORMED FIRE OFFICERS ASSOCIATION, LOCAL 854, IAFF, AFL-CIO, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 7, 1999.

Attorney(s) appearing for the Case

Cheryl Payer of counsel, New York City (Ellen B. Fishman, Felicia A. Mennin and Chlarens Orsland on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for respondents.

Richard M. Betheil of counsel, New York City (Tina C. Kremenezky on the brief; Pryor Cashman Sherman & Flynn, L. L. P., attorneys), for Uniformed Fire Officers Association, Local 854, IAFF, AFL-CIO and another, appellants.

Victoria A. Donoghue of counsel, New York City (Wendy E. Patitucci on the brief; and as General Counsel, Office of Collective Bargaining, attorney), for Steven C. DeCosta and another, appellants.

Claude I. Hersh of counsel (James R. Sandner, attorney), for Municipal Labor Committee, amicus curiae.

SULLIVAN, J. P., NARDELLI and WILLIAMS, JJ., concur.

OPINION OF THE COURT

RUBIN, J.

This proceeding arose out of criminal investigations conducted by the New York City Department of Investigation (DOI) that either implicated the conduct of New York City Fire Department personnel or required their testimony as witnesses to possible criminal activity. One such investigation concerned an attempt to obtain higher pension benefits by claiming that a disabling injury was sustained while on duty. The scheme allegedly...

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