HAHN v. GARRETT


27 A.D.3d 1103 (2006)

810 N.Y.S.2d 705

JEFFREY A. HAHN, Individually and as President of Brighton Professional Firefighters Association, Local 2223 and on Behalf of all Employees Providing Fire Protection in Brighton Fire District Similarly Situated, et al., Respondents, v. RICHARD J. GARRETT, as Chairman of Board of Commissioners of Brighton Fire District, et al., Appellants.

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

March 17, 2006.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting judgment in favor of plaintiffs as follows: "It is ADJUDGED and DECLARED that plaintiffs are entitled to share in the use and to participate in deciding the use of the two-percent funds received from the State of New York pursuant to Insurance Law §§ 9104 and 9105 and that the money received by defendants is to be held in trust for all firefighters...

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