Matter of Fennelly v Eastchester Fire Dist.

Sep 20, 2017

OUTCOME: Petition granted to the extent that municipality's determination to recoup alleged overpayments not supported by substantial evidence,

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Fire Commissioners of the Eastchester Fire District, dated September 25, 2015, which adopted in part and rejected in par ... t the recommendation of a hearing officer, made after a hearing, and found that the petitioner was not entitled to supplemental wage increases pursuant to General Municipal Law § 207-a(2), and that the respondent is entitled to recoup "overpayments" made to the petitioner since 2005