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PEASE v. COLUCCI

59 A.D.2d 233 (1977)

James F. Pease, Appellant, v. Anthony J. Colucci et al., Individually and Constituting The Municipal Civil Service Commission of the City of Buffalo, Respondents

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

November 4, 1977

Attorney(s) appearing for the Case

Thomas V. Considine for appellant.

Leslie G. Foschio (Peter J. S. Gerard of counsel), for respondents.

MARSH, P. J., HANCOCK, DENMAN and WITMER, JJ., concur.

DILLON, J.

On February 12, 1976, petitioner, then a permanent lieutenant in the Buffalo Fire Department, was injured while fighting a fire. It is not disputed that he remains disabled.

Section 207-a of the General Municipal Law provides in relevant part: "Any paid fireman of a * * * fire department of a city of less than one million population * * * who is injured in the performance of his duties * *...

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