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FIREFIGHTERS' ASSN v. PERB

6 N.Y.3d 514 (2006)

847 N.E.2d 1149

814 N.Y.S.2d 572

In the Matter of POUGHKEEPSIE PROFESSIONAL FIREFIGHTERS' ASSOCIATION, LOCAL 596, IAFF, AFL-CIO-CLC, et al., Appellants, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

Court of Appeals of the State of New York.

Decided March 28, 2006.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany (Ronald G. Dunn of counsel), for appellants.

Robert A. DePaula, Albany, for New York State Public Employment Relations Board, respondent.

Stephen J. Wing, Corporation Counsel, Poughkeepsie, for City of Poughkeepsie, respondent.

Trevett, Lenweaver & Salzer, P.C., Rochester (Lawrence J. Andolina and Daniel P. DeBolt of counsel), for New York State Deputies Association, amicus curiae.

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

Hinman Straub P.C., Albany (John F. Black and David W. Novak of counsel), for New York State Professional Fire Fighters Association, I.A.F.F., AFL-CIO, amicus curiae.

Coughlin & Gerhart, L.L.P., Binghamton (Mary Louise Conrow and Jeffrey Husisian of counsel), for Hartsdale Fire District and others, amici curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

OPINION OF THE COURT

READ, J.

Section 207-a of the General Municipal Law mandates payment of the full amount of regular salary or wages to a paid firefighter "who is injured in the performance of his duties" or taken ill "as a result of the performance of his duties so as to necessitate medical or other lawful remedial treatment" (General Municipal Law § 207-a [1]). These payments continue until the disability...

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