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IN THE MATTER OF PARK v. KAPICA

25 A.D.3d 801 (2006)

808 N.Y.S.2d 758

In the Matter of JOHN PARK, Appellant, v. JOHN A. KAPICA et al., Respondents.

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

January 31, 2006.

Ordered that the judgment is affirmed, with costs.

The petitioner's disability payments constituted a property right giving rise to the procedural due process protection of an evidentiary hearing before they could be terminated (see Matter of City of Cohoes [Uniform Firefighters of Cohoes, Local 2562, IAFF, AFL-CIO], 94 N.Y.2d 686, 689 [2000]). The procedures for terminating disability payments under General Municipal...

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