Opinion
December 10, 1951.
Present — Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ.
Petitioner, a volunteer fireman, was injured while riding on a fire truck on the way to a fire, when it collided with another truck. The injuries resulted in the amputation of both legs above the knees. He brought this proceeding under subdivision Fifth of section 205 Gen. Mun. of the General Municipal Law, for the determination of a controversy (total incapacity) under paragraph b of subdivision Second, thereof, and for an order directing the Town of Patterson to pay him the sum of $15 weekly during the period of total incapacity. Order determining the controversy in favor of petitioner and directing the town to pay him the sum of $15 weekly, commencing December 20, 1948 (an agreed date), during the period of total incapacity, unanimously affirmed, with costs. No opinion.