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WATERTOWN v. STATE PERB

95 N.Y.2d 73 (2000)

733 N.E.2d 171

711 N.Y.S.2d 99

In the Matter of CITY OF WATERTOWN, Respondent, v. STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD, Appellant, and WATERTOWN POLICE BENEVOLENT ASSOCIATION, Respondent.

Court of Appeals of the State of New York.

Decided May 9, 2000.

Attorney(s) appearing for the Case

Gary Johnson, Albany, for appellant.

Slye & Burrows, Watertown (Robert J. Slye of counsel), for City of Watertown, respondent.

Deperno & Khanzadian, Barneveld (Karen Khanzadian of counsel), for Watertown Police Benevolent Association, respondent.

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

Judges BELLACOSA, CIPARICK and WESLEY concur with Chief Judge KAYE; Judge BELLACOSA concurs in a separate concurring opinion; Judge ROSENBLATT dissents and votes to affirm in another opinion in which Judges SMITH and LEVINE concur.

OPINION OF THE COURT

Chief Judge KAYE.

Under General Municipal Law section 207-c, disabled police officers who suffer injury or illness in the course of employment may continue to receive their salary, but the City has the right to conduct their medical examinations, prescribe treatment and order them back to work—for full or light duty—if it deems them capable. As we held in Matter of Schenectady Police Benevolent Assn. v New York State...

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