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BEEKMAN v. CITY OF NY

65 A.D.2d 317 (1979)

Jacobus Beekman et al., on Behalf of Themselves and on Behalf of All Other Disabled Retirees Similarly Situated, Appellants, v. City of New York et al., Respondents

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

January 4, 1979

Attorney(s) appearing for the Case

Arthur I. Strier of counsel (Sales & Strier, attorneys), for appellants.

Larry Sonnenshein of counsel (L. Kevin Sheridan with him on the brief; Allen G. Schwartz, Corporation Counsel), for respondents.

BIRNS, SILVERMAN, FEIN and LANE, JJ., concur; KUPFERMAN, J. P., dissents and would affirm on opinion of NADEL, J., at Special Term.

Per Curiam.

Plaintiffs are firemen who were retired due to disability. At the time of their retirement, they were required to retire immediately and were not given allowance for earned terminal leave and accrued vacation time. This policy was instituted by the City of New York in 1975. Litigation was instituted resulting in a determination that disabled firemen could not be forced into immediate retirement but rather...

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