HARZINSKI v. VIL OF ENDICOTT


83 A.D.2d 305 (1981)

James Harzinski et al., Respondents-Appellants, v. Village of Endicott, Appellant-Respondent. (Action No. 1.) Samuel P. Russo et al., Appellants, v. City of Binghamton et al., Respondents. (Action No. 2.)

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

December 3, 1981


Attorney(s) appearing for the Case

Ball & McDonough (Kevin F. McDonough of counsel), for respondents-appellants in Action No. 1 and appellants in Action No. 2.

Rodney A. Richards, for appellant-respondent in Action No. 1.

Kenneth Auerbach, Corporation Counsel, for City of Binghamton, respondent in Action No. 2.

MAHONEY, P. J., KANE, CASEY and WEISS, JJ., concur.


SWEENEY, J.

These appeals involve two separate actions for declaratory judgments regarding the amount of benefits that must be paid pursuant to subdivision 2 of section 207-a of the General Municipal Law by a municipality to disabled firemen who are receiving accidental disability retirement allowances. A resolution of the issues necessitates an analysis and interpretation of subdivision 2 of section 207-a of...

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