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FARBER v. CITY OF UTICA

282 A.D.2d 39 (2001)

723 N.Y.S.2d 783

In the Matter of ARTHUR T. FARBER, Respondent, v. CITY OF UTICA et al., Appellants.

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

May 2, 2001.

Attorney(s) appearing for the Case

Joseph Hobika, Corporation Counsel of City of Utica (Charles N. Brown of counsel), for appellants.

Mark A. Wolber, Utica, for respondent.

PIGOTT, JR., P. J., PINE, HAYES and LAWTON, JJ., concur.

OPINION OF THE COURT

SCUDDER, J.

Respondents appeal from a judgment granting the petition seeking to compel respondents to recalculate the amount of benefits paid to petitioner pursuant to General Municipal Law § 207-a (2) and dismissing the counterclaim. Petitioner, a former firefighter for respondent City of Utica (City), receives a disability pension (see, Retirement and Social Security Law § 363-c [b] [1]) to which has been added a ...

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