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Matter of Ellithorpe v. City of Syracuse

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 935 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Pine, J.P., Callahan, Doerr and Boehm, JJ.


Judgment unanimously affirmed without costs. Memorandum: In this CPLR article 78 proceeding, petitioner, a former Airport Crash Rescue Worker employed by respondent, seeks an order directing respondent to pay his salary and medical expenses pursuant to General Municipal Law § 207-a. Because petitioner was not a member of an organized fire company or fire department within the meaning of the statute, Supreme Court properly dismissed the petition ( see, Robbins v. County of Broome, 87 N.Y.2d 831; see also, Matter of Syracuse Hancock Professional Firefighters Assn. v. Newman, 110 A.D.2d 256, lv denied 67 N.Y.2d 605). (Appeal from Judgment of Supreme Court, Onondaga County, Tormey, III, J. — CPLR art 78.)


Summaries of

Matter of Ellithorpe v. City of Syracuse

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 935 (N.Y. App. Div. 1997)
Case details for

Matter of Ellithorpe v. City of Syracuse

Case Details

Full title:In the Matter of DONALD ELLITHORPE, Appellant, v. CITY OF SYRACUSE…

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

Date published: Apr 25, 1997

Citations

238 A.D.2d 935 (N.Y. App. Div. 1997)
661 N.Y.S.2d 553

Citing Cases

Matter of Ellithorpe v. City of Syracuse

Decided October 23, 1997 Appeal from 4th Dept: 238 A.D.2d 935…