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DePOALO v. SCHENECTADY COUNTY

85 N.Y.2d 527 (1995)

650 N.E.2d 395

626 N.Y.S.2d 737

In the Matter of Philip DePoalo, Appellant, v. County of Schenectady et al., Respondents. (Proceeding No. 1.) In the Matter of Alfred Greenewald, Appellant, v. County of Schenectady et al., Respondents. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided May 2, 1995.

Attorney(s) appearing for the Case

Joseph P. McGovern, Albany, for appellant in the first above-entitled proceeding.

Joseph P. McGovern, Albany, for appellant in the second above-entitled proceeding.

Roemer and Featherstonhaugh, P. C., Albany (James W. Roemer, Jr., and Liesl K. Zwicklbauer of counsel), for respondents in the first and second above-entitled proceedings.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The primary issue here is whether the provisions of General Municipal Law § 207-c require an applicant for benefits thereunder to submit to medical examination to determine eligibility prior to granting benefits. Because the Appellate Division properly concluded that entitlement to benefits under General Municipal Law § 207-c authorizes a determination by the municipality of eligibility prior...

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