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MATTER OF PARK v. KAPICA

8 N.Y.3d 302 (2007)

864 N.E.2d 1284

832 N.Y.S.2d 885

In the Matter of JOHN PARK, Appellant, v. JOHN A. KAPICA, as Police Chief of the Town of Greenburgh, et al., Respondents. In the Matter of JOHN PARK, Respondent, v. JOHN A. KAPICA, as Police Chief of the Town of Greenburgh, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 27, 2007.

Attorney(s) appearing for the Case

Thomas J. Troetti, White Plains, for appellant in the first above-entitled proceeding.

Law Office of Vincent Toomey, Lake Success (Vincent Toomey and Christine A. Gaeta of counsel), for respondents in the first above-entitled proceeding.

Donna M.C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae in the first above-entitled proceeding.

Law Office of Vincent Toomey, Lake Success (Vincent Toomey and Christine A. Gaeta of counsel), for appellants in the second above-entitled proceeding.

Thomas J. Troetti, White Plains, for respondent in the second above-entitled proceeding.

Donna M.C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae in the second above-entitled proceeding.

Tuttle Law Firm, Latham (James B. Tuttle of counsel), for Police Conference of New York, Inc., amicus curiae in the first and second above-entitled proceedings.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and SMITH concur; Judge JONES taking no part.

OPINION OF THE COURT

PIGOTT, J.

Petitioner, John Park, a police officer employed by the Town of Greenburgh, underwent surgery in June 2002 as the result of an injury he sustained while in the line of duty. He was certified disabled from his duties pursuant to General Municipal Law § 207-c (1), which states that a police officer injured in the line of duty must be paid by his municipal employer "the full amount of his regular salary or wages until his...

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