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COHOES FIREFIGHTERS v. COHOES

94 N.Y.2d 686 (2000)

731 N.E.2d 137

709 N.Y.S.2d 481

In the Matter of UNIFORM FIREFIGHTERS OF COHOES, LOCAL 2562, IAFF, AFL-CIO, et al., Appellants, v. CITY OF COHOES, Respondent. (Proceeding No. 1.) In the Matter of the Arbitration between CITY OF COHOES, Respondent, and UNIFORM FIREFIGHTERS OF COHOES, LOCAL 2562, IAFF, AFL-CIO, Appellant. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided May 9, 2000.

Attorney(s) appearing for the Case

Grasso & Grasso, Schenectady (Jane K. Finin and Patrick J. Cremo of counsel), for appellants in the two above-entitled proceedings.

Roemer Wallens & Mineaux, L. L. P., Albany (Elayne G. Gold and Liesl K. Zwicklbauer of counsel), for respondent in the two above-entitled proceedings.

Hite & Casey, P.C., Albany (Michael G. Weisberg of counsel), for New York State Inspection, Security and Law Enforcement Officers Union, District Council 82, AFSCME, AFL-CIO, amicus curiae in the two above-entitled proceedings.

Richard A. Glickel, West Nyack, for the Towns of Clarkstown, Haverstraw, Ramapo and Stony Point, amici curiae in the two above-entitled proceedings.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

LEVINE, J.

In the fall of 1997, six members of the City of Cohoes Fire Department, who were receiving disability payments under General Municipal Law § 207-a, were examined by the City's physician for the purpose of evaluating their physical ability to return to full duty or to perform light duty assignments. The physician found that five of the firefighters were capable of performing light duty tasks and one was able to return...

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