Shields v. City of Buffalo

Appellate Division of the Supreme Court of New York

Shields v. City of Buffalo

206 A.D.2d 921, 616 N.Y.S.2d 293, 1994 N.Y. App. Div. LEXIS 7861

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 15, 1994

StatusPublished

Cited by4 cases

This text of 206 A.D.2d 921 (Shields v. City of Buffalo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shields v. City of Buffalo, 206 A.D.2d 921, 616 N.Y.S.2d 293, 1994 N.Y. App. Div. LEXIS 7861 (N.Y. Ct. App. 1994).

Pincite

Opinion

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: We agree with the reasoning in the decision at Supreme Court [922]*922(Doyle, J.). The court, rather than dismissing the complaint, should have declared the rights of the parties (see, Maurizzio v Lumbermens Mut. Cas. Co., 73 NY2d 951, 954; Pless v Town of Royalton, 185 AD2d 659, 660, affd 81 NY2d 1047). We modify the order appealed from, therefore, by reinstating the complaint and granting judgment declaring that the City of Buffalo was entitled to cease payments pursuant to General Municipal Law § 207-a when plaintiff reached the age of 62, the mandatory service retirement age applicable to him. (Appeal from Judgment of Supreme Court, Erie County, Doyle, J. —Declaratory Judgment.) Present—Balio, J. P., Lawton, Callahan, Doerr and Boehm, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: We agree with the reasoning in the decision at Supreme Court [922]*922(Doyle, J.). The court, rather than dismissing the complaint, should have declared the rights of the parties (see, Maurizzio v Lumbermens Mut. Cas. Co., 73 NY2d 951, 954; Pless v Town of Royalton, 185 AD2d 659, 660, affd 81 NY2d 1047). We modify the order appealed from, therefore, by reinstating the complaint and granting judgment declaring that the City of Buffalo was entitled to cease payments pursuant to General Municipal Law § 207-a when plaintiff reached the age of 62, the mandatory service retirement age applicable to him. (Appeal from Judgment of Supreme Court, Erie County, Doyle, J. —Declaratory Judgment.) Present—Balio, J. P., Lawton, Callahan, Doerr and Boehm, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

206 A.D.2d 921, 616 N.Y.S.2d 293, 1994 N.Y. App. Div. LEXIS 7861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shields-v-city-of-buffalo-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack