MATTER OF EIDT v. CITY OF LONG BEACH


62 A.D.3d 793 (2009)

878 N.Y.S.2d 445

In the Matter of DOUGLAS EIDT et al., Appellants, v. CITY OF LONG BEACH, Respondent.

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

Decided May 12, 2009.


Ordered that the order and judgment is reversed, on the law, with costs, the motion to dismiss the petition is denied, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings on the petition.

The petitioners are firefighters who were employed by the City of Long Beach, but are no longer on active duty. The petitioners each receive an accidental disability retirement allowance from the New York State Police...

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