MATTER OF SUTKA v. CONNERS


73 N.Y.2d 395 (1989)

In the Matter of William S. Sutka, Respondent, v. Margaret Conners, as Chairman of the Board of Fire Commissioners of the Fairview Fire District, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 2, 1989.


Attorney(s) appearing for the Case

Valentino T. Sammarco for appellants.

Arthur F. Andrews for respondent.

John F. O'Reilly and Orbein Dearmas for the City of Yonkers, amicus curiae.

George F. Harris and Jessica R. Murray for the Association of Fire Districts of the State of New York, Inc., amicus curiae.

Donna M. C. Giliberto for the New York State Conference of Mayors and Other Municipal Officials, amicus curiae.

Richard P. Walsh, Jr., and Thomas J. Jordan for New York State Professional Fire Fighters Association, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

In this statutory interpretation case, the question is whether the line-of-duty presumption for firefighters' heart-related retirement disability benefits (Retirement and Social Security Law § 363-a [1]) should be read into General Municipal Law § 207-a, which generally governs firefighters' sick leave benefits. We conclude that it should not, and therefore reverse the order of the Appellate...

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