MATTER OF CHALACHAN v. City of Binghamton
Cases that cite this one
25 later published cases cite this decision.
- Watertown v. STATE PERB (N.Y. 2000)
- The Matter of John Borelli v. City of Yonkers (N.Y. 2022)
- City of Watertown v. State of New York Public Employment Relations Board (N.Y. 2000)
- Benson v. County of Nassau (Appellate Division of the Supreme Court of New York 1988)
- In re the Arbitration between City of Saratoga Springs (Appellate Division of the Supreme Court of New York 1985)
- Sanders v. New York City Transit Authority (Civil Court of the City of New York 1985)
- Rein v. Town of Marshfield (Mass. App. Ct. 1983)
- Matter of Borelli v. City of Yonkers (Appellate Division of the Supreme Court of New York 2020)
- Matter of McKay v. Village of Endicott (Appellate Division of the Supreme Court of New York 2018)
- GOODWIN, ROBETTE v. PRETORIUS, M.D., RICHARD (Appellate Division of the Supreme Court of New York 2013)
- Inc. Village of Floral Park v. Floral Park Police Benevolent Ass'n (Appellate Division of the Supreme Court of New York 2011)
- Town of Tuxedo v. Town of Tuxedo Police Benevolent Ass'n (Appellate Division of the Supreme Court of New York 2010)
- In re Arbitration between Town of Niskayuna (Appellate Division of the Supreme Court of New York 2005)
- Uniform Firefighters of Cohoes v. City of Cohoes (N.Y. 2000)
- Patrolmen's Benevolent Ass'n of Walden v. Kinsella (Appellate Division of the Supreme Court of New York 1999)
- City of Cohoes v. Uniform Firefighters of Cohoes, Local 2562 (New York Supreme Court 1998)
- Carpenter v. City of Troy (Appellate Division of the Supreme Court of New York 1993)
- Willis v. Board of Selectmen of Easton (Mass. 1989)
- City of New York v. Davis (Appellate Division of the Supreme Court of New York 1989)
- In re the Arbitration between County of Schenectady & Kelleher (Appellate Division of the Supreme Court of New York 1988)
- City of Schenectady v. New York State Public Employment Relations Board (Appellate Division of the Supreme Court of New York 1987)
- Bett v. City of Lackawanna (New York Supreme Court 1986)
- City of Schenectady v. New York State Public Employment Relations Board (New York Supreme Court 1986)
- In re the Arbitration between Plattsburgh Policemen's Benevolent Ass'n, Local 812 & City of Plattsburgh (Appellate Division of the Supreme Court of New York 1984)
- Binghamton Firefighters v. City of Binghamton (N.Y. 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
*990 OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Petitioners, formerly firemen employed by respondent City of Binghamton, became disabled as a result of injuries sustained in the performance of their duties and thus were receiving their regular salary or wages pursuant to section 207-a. of the General Municipal Law. They commenced the instant article 78 proceeding when the city rejected their demands for payment of 1979 unused vacation time, which claims were grounded upon the collective bargaining agreement between the city and its firemen and not on any theory of statutory entitlement under section 207-a.
The collective bargaining agreement in question is entirely silent regarding the status of disabled firemen as employees of the city. Their continued status as employees even after disability has occurred is strictly a matter of statutory right. The collective bargaining agreement should not therefore be construed to implicitly expand whatever compensation rights are provided petitioners under the statute. Any additional benefits must be expressly provided for in the agreement, and petitioners’ argument that they are entitled to unused vacation benefits by reason of the absence of language specifically excluding their class from vacation benefits is thus without merit.
Although petitioners make no claim that unused vacation benefits are a matter of statutory entitlement, we note in passing that the argument would be unavailing in any event. The rights provided under section 207-a are expressly limited to “regular salary or wages”. Nor would it be appropriate to imply a right to vacation benefits under section 207-a since disabled firemen do not have to work at all, and to pay them for unused vacation time would unfairly discriminate against employees actually working (see Phaneuf v City of Plattsburgh, 84 Misc 2d 70, affd 50 AD2d 614, mot for lv to app dsmd 38 NY2d 1004).
*991 Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.