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HARZINSKI v. VILL. OF ENDICOTT

57 N.Y.2d 614 (1982)

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

Court of Appeals of the State of New York.

Decided July 1, 1982.

Attorney(s) appearing for the Case

Kevin F. McDonough for James Harzinski and others, appellants.

Rodney A. Richards for Village of Endicott, respondent.

Kenneth Auerbach, Corporation Counsel, for City of Binghamton, respondent.

Robert Abrams, Attorney-General (Alan W. Rubenstein and Shirley Adelson Siegel of counsel), for Edward Regan, as Comptroller of the State of New York, and in his statutory capacity pursuant to section 71 of the Executive Law.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.

In Harzinski v Village of Endicott: On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order modified, with costs to appellants, to the extent of reinstating the provision of the order of Supreme Court, Broome County, declaring that plaintiffs are entitled to salary increases given to active firemen and, as so modified, affirmed. Appellants, disabled firemen, are entitled to salary increases where, as here...

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