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FALIVENO v. GLOVERSVILLE

228 A.D.2d 19 (1997)

653 N.Y.S.2d 202

In the Matter of John T. Faliveno, Appellant, v. City of Gloversville et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 6, 1997

Attorney(s) appearing for the Case

Thomas J. Jordan, Albany, for appellant.

Goldberger & Goldberger, Albany (Bryan J. Goldberger of counsel), for respondents.

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

CARDONA, P. J., MIKOLL, CREW III and YESAWICH JR., JJ., concur.

SPAIN, J.

In 1988 petitioner, permanently employed as a firefighter for respondent City of Gloversville (hereinafter the City) in Fulton County, suffered an on-the-job permanently disabling injury and was placed on disability leave during which he received his regular salary and wages pursuant to General Municipal Law § 207-a. In April 1993 petitioner was granted an accidental disability retirement allowance...

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