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RIDGE RD. FIRE v. SCHIANO

No. 55.

16 N.Y.3d 494 (2011)

In the Matter of RIDGE ROAD FIRE DISTRICT, Appellant, v. MICHAEL P. SCHIANO, as Hearing Officer Designated Pursuant to a Collective Bargaining Agreement between Ridge Road Fire District and Ridge Road Professional Firefighters Association IAFF, Local 3794, International Association of Firefighters, AFL-CIO, et al., Respondents.

Court of Appeals of New York.

Decided April 5, 2011.

Attorney(s) appearing for the Case

Coughlin & Gerhart, LLP, Binghamton ( Mary Louise Conrow and Katelyn R. Dumont of counsel), for appellant.

Trevett Cristo Salzer & Andolina P.C., Rochester ( Daniel P. DeBolt and Lawrence J. Andolina of counsel), for respondents.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents and votes to affirm in a separate opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

Respondent Kevin Nowack, a firefighter employed by petitioner Ridge Road Fire District, claimed to have sustained a back injury while on duty on November 7, 2002. Specifically, Nowack claimed that the fire truck he was driving hit a "low spot," manhole cover or pothole in the road, causing the truck's air suspension seat to elevate and "shoot" downward, causing a "twinge" or...

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