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Jun 24 2011
Court of Appeals orders deference to public employer’s initial determination in section 207-a case | Litigation Law
Author(s): Blitman & King LLP
Tags: Albany Law | Court of Appeals | Employee Benefits | General Municipal Law | Individual Employment | Lawyers | Legal Counsel | Litigation Law | New York Court of Appeals | New York Law | Section 207-a | Syracuse Lawyers
In a recent opinion, a divided New York Court of Appeals found a Ridge Road Fire District firefighter ineligible for General Municipal Law Section 207-a benefits where the District’s initial determination denying benefits was supported by substantial evidence. In a four to three opinion, the Court of Appeals interpreted the collective bargaining agreement to impose a heavier burden on individuals seeking section 207-a benefits, while giving greater deference to the public employer’s initial determination. This case has state-wide importance to police and firefighter unions that have or are seeking to negotiate General Municipal Law Section 207-a or 207-c procedures.
