McKenna v. County of Nassau Office of County Attorney
In a case involving an appeal from a judgment of the Supreme Court, Nassau County, a police officer sought to modify an arbitrator's award related to no-fault benefits. The officer, injured in a job-related accident, received full salary under General Municipal Law § 207-c and also applied for no-fault benefits. The arbitrator's award did not deduct the wage continuation payments, leading Special Term to vacate the award to prevent double recovery. The appellate court reversed Special Term's decision, finding the arbitrator's award was not irrational enough to warrant vacatur. However, the court did modify the award due to a miscalculation, acknowledging a statutory loophole in the original no-fault law that permitted such double recovery, which has since been legislatively closed.