MTR OF GAMMA v. BLOOM


274 A.D.2d 14 (2000)

711 N.Y.S.2d 464

In the Matter of STEPHEN J. GAMMA et al., Respondents, v. WILLIAM BLOOM, as Chief of Police of the City of Newburgh, et al., Appellants.

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

July 17, 2000.


Attorney(s) appearing for the Case

Hitsman, Hoffman & O'Reilly, Elmsford (Doug E. Solomon of counsel), for appellants.

Harold, Salant, Strassfield & Spielberg, White Plains (Jerold Rotbard of counsel), for respondents.

JOY, THOMPSON and S. MILLER, JJ., concur.


OPINION OF THE COURT

RITTER, J. P.

We are asked to determine whether the appellants, William Bloom, the Chief of Police of the City of Newburgh, and the City of Newburgh, improperly terminated the petitioner Stephen J. Gamma's General Municipal Law § 207-c disability benefits prior to a hearing comporting with due process. We decline to make such a determination and hold that the issues raised herein are to be determined first at arbitration, as mandated...

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