Farrell v. Dolce
John P. Farrell, a former City of White Plains firefighter, initiated a CPLR article 78 proceeding to challenge the termination of his General Municipal Law § 207-a (2) benefits. Farrell, who retired due to a line-of-duty injury, had voluntarily opted for Retirement and Social Security Law § 384-d benefits, which include mandatory retirement at age 62. The City of White Plains subsequently ceased his supplemental payments on his 62nd birthday, citing General Municipal Law § 207-a (2). Farrell argued that the Age Discrimination in Employment Act (ADEA) preempted the age-based termination and that he was denied due process because the benefit was terminated without a hearing. The court, presided over by Justice John R. LaCava, found that Farrell’s section 207-a (2) benefits fell under the 'continued benefit payments' exception of the Older Workers Benefit Protection Act (OWBPA), making the ADEA inapplicable. The court concluded that the respondents' determination to terminate benefits was not arbitrary, capricious, or an abuse of discretion, and that Farrell was not denied due process given the legal basis of the decision. Therefore, Farrell's petition was denied.