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KLONOWSKI v. DEPT. OF FIRE

58 N.Y.2d 398 (1983)

In the Matter of Joseph R. Klonowski, Appellant, v. Department of Fire of City of Auburn et al., Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Mimi C. Satter and Charles E. Blitman for appellant.

Earle E. Thurston, Assistant Corporation Counsel, for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and FUCHSBERG concur; Judge SIMONS taking no part.

MEYER, J.

A fireman who has applied for an accidental disability retirement allowance before his voluntary retirement becomes effective is entitled, upon the granting of the accidental disability retirement allowance, to receive from the municipality, from and after the date of voluntary retirement, the difference between his regular salary and the disability retirement...

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