New York Supreme Court January 4, 2013 (Whitted v. City of Newburgh)

*213OPINION OF THE COURT

Lawrence H. Ecker, J.

The decision and order of the court is as follows:

Ordered, adjudged and decreed that the petition is denied and the proceeding dismissed.

Petitioners are retired firefighters for the respondent City of Newburgh who are receiving disability benefits for line-of-duty injuries pursuant to Retirement and Social Security Law § 363-c.