McKay v. Village of Endicott

113 A.D.3d 989, 979 N.Y.2d 422
Appellate Division of the Supreme Court of the State of New York·Decided January 23, 2014·Published·Cited by 3 cases

Opinion

McCarthy, J.

While working for respondent as a firefighter, petitioner injured his lower back in April 2008. By November 2009, he stopped working due to his injury. In late 2009, respondent granted him disability benefits pursuant to General Municipal Law § 207-a (1). In July 2010, respondent informed petitioner that it was discontinuing his disability benefits. Petitioner appealed that decision, eventually resulting in a determination that he was entitled to General Municipal Law § 207-a (1) [990]*990benefits. During the pendency of his administrative appeal, in December 2010, he was granted performance-of-duty disability retirement benefits under Retirement and Social Security Law § 363-c and promptly retired. Once petitioner retired, respondent ceased paying him any benefits. Petitioner requested that respondent pay him supplemental disability benefits under General Municipal Law § 207-a (2). Respondent informed petitioner that he needed to complete a separate application for those benefits. Despite his disagreement with that response, petitioner filed such an application. Respondent denied the request. When respondent did not respond to petitioner’s appeal of that denial, he commenced this proceeding challenging the denial of benefits.

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McKay v. Village of Endicott, 113 A.D.3d 989, 979 N.Y.2d 422 (N.Y. Ct. App. 2014).

113 A.D.3d 989 (McKay v. Village of Endicott) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Matter of Verille v. Gardner
2019 NY Slip Op 7981 (Appellate Division of the Supreme Court of New York, 2019)
Matter of McKay v. Village of Endicott
139 A.D.3d 1327 (Appellate Division of the Supreme Court of New York, 2016)