Opinion
June 23, 1986
Appeal from the Supreme Court, Dutchess County (Benson, J.).
Order affirmed insofar as appealed from, with costs.
We agree with the findings of the court that the plaintiff has failed to show that his application for retirement was involuntary because it was caused by economic duress. Although the plaintiff may not have been able to afford a gap in benefits between the time he was receiving benefits pursuant to General Municipal Law § 207-c and the time he would begin to receive disability retirement benefits, "[f]inancial pressures, even in the context of unequal bargaining power, do not constitute economic duress" (Grubel v. Union Mut. Life Ins. Co., 54 A.D.2d 686). We do not find the facts of this case to be sufficient to constitute an involuntary retirement. Since the plaintiff voluntarily retired, he was no longer entitled to further payment of his full salary (see, General Municipal Law § 207-c). Therefore, the plaintiff's employment was not wrongfully terminated by the City of Poughkeepsie. Gibbons, J.P., Brown, Weinstein and Kooper, JJ., concur.