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IN THE MATTER OF HENRY v. CITY OF CORTLAND

19 A.D.3d 988 (2005)

797 N.Y.S.2d 649

In the Matter of ROBERT L. HENRY, Petitioner, v. CITY OF CORTLAND, Respondent.

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

June 30, 2005.

Lahtinen, J.

Petitioner, a firefighter employed by respondent since 1987, suffered a back injury on the job in June 1997. He remained out of work for over two years and during that time he received full salary and benefits pursuant to General Municipal Law § 207-a (1). After being examined by a physician retained by respondent, petitioner was directed to report for "modified duty" in September 1999. Petitioner did not contest the directive that he return to work...

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