Shields v. City of Buffalo

Full title: JAMES SHIELDS, Appellant, v. CITY OF BUFFALO, Respondent

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

Date published: Jul 15, 1994

206 A.D.2d 921 (N.Y. App. Div. 1994)

616 N.Y.S.2d 293

Opinion

July 15, 1994

Appeal from the Supreme Court, Erie County, Doyle, J.

Present — Balio, J.P., Lawton, Callahan, Doerr and Boehm, JJ.

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: We agree with the reasoning in the decision at Supreme Court (Doyle, J.). The court, rather than dismissing the complaint, should have declared the rights of the parties (see, Maurizzio v Lumbermens Mut. Cas. Co., 73 N.Y.2d 951, 954; Pless v. Town of Royalton, 185 A.D.2d 659, 660, affd 81 N.Y.2d 1047). We modify the order appealed from, therefore, by reinstating the complaint and granting judgment declaring that the City of Buffalo was entitled to cease payments pursuant to General Municipal Law § 207-a when plaintiff reached the age of 62, the mandatory service retirement age applicable to him.