MATTER OF TOMASSI v. CITY OF BUFFALO

39 CA 18-01482.

173 A.D.3d 1610 (2019)

99 N.Y.S.3d 909

2019 NY Slip Op 04534

In the Matter of Gerald Tomassi, Appellant, v. City of Buffalo, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 7, 2019.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner is a former firefighter for respondent who was granted performance of duty disability retirement benefits (see Retirement and Social Security Law § 363-c). Thereafter, petitioner received a supplemental benefit until respondent discontinued payment thereof when petitioner attained the mandatory service retirement age of 62 (see General...

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