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IN THE MATTER OF BETT v. CITY OF LACKAWANNA

CA 08-00033.

2008 NY Slip Op 06062

IN THE MATTER OF RICHARD F. BETT, SR., PETITIONER-APPELLANT, v. CITY OF LACKAWANNA, RESPONDENT-RESPONDENT.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

FLAHERTY & SHEA, BUFFALO (JAMES P. SHEA OF COUNSEL), FOR PETITIONER-APPELLANT.

HODGSON RUSS LLP, BUFFALO (MICHAEL B. RISMAN OF COUNSEL), FOR RESPONDENT-RESPONDENT.

PRESENT: CENTRA, J.P., LUNN, FAHEY, PERADOTTO, AND GORSKI, JJ.

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

Memorandum: Petitioner appeals from a judgment dismissing his petition in which he sought, inter alia, to annul the determination that he is physically able to return to work in a "light duty capacity" as a firefighter employed by respondent. Petitioner was disabled in 1971 from performing his duties as a firefighter and respondent paid him his full salary until 1979, when...

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