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McCAFFREY v. TOWN OF FISHKILL

42 A.D.3d 22 (2007)

833 N.Y.S.2d 175

In the Matter of JONATHAN R. McCAFFREY, Appellant, v. TOWN OF EAST FISHKILL et al., Respondents.

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

March 27, 2007.

Attorney(s) appearing for the Case

Alex C. Dell, Albany (Matthew C. Hug of counsel), for appellant.

Donoghue, Thomas, Auslander & Drohan, LLP, Hopewell Junction (James P. Drohan and Stuart S. Waxman of counsel), for respondents.

Michael E. Kenneally, Jr., Albany, for Association of Towns of the State of New York, amicus curiae.

RIVERA, J.P., KRAUSMAN and LIFSON, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.

General Municipal Law § 207-c (1) requires a town to continue to pay the compensation of a police officer who is injured in the line of duty, despite the officer's inability to perform the duties of his or her position, until such time as the officer is once again able to perform those duties. A town is permitted to discontinue such payments under certain limited circumstances set forth in the statute (General Municipal...

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