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MATTER OF COOK v. CITY OF UTICA

88 N.Y.2d 833 (1996)

666 N.E.2d 1352

644 N.Y.S.2d 479

In the Matter of Robert J. Cook, Respondent, v. City of Utica et al., Appellants.

Court of Appeals of the State of New York.

Decided April 30, 1996.

Attorney(s) appearing for the Case

Roemer, Wallens & Mineaux, L. L. P., Albany (James W. Roemer of counsel), and Joseph H. Hobika, Corporation Counsel of City of Utica, Utica (Charles N. Brown of counsel), for appellants.

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander, P. C., Albany (Mary Beth Hynes of counsel), for respondent.

Donna M. C. Gilberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Lombardi, Reinhard, Walsh & Harrison, P. C., Albany (Paul E. Davenport of counsel), for New York State Professional Firefighters Association, amicus curiae.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

Section 363-c of the Retirement and Social Security Law provides for payment of benefits to firefighters who become incapacitated as a result of the performance of their duties. Eligibility for such benefits is determined by the Comptroller (id., § 363-c [d]; § 374 [b]). Firefighters employed...

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