Hoffman v. City of Yonkers
Opinion of the Court
In a proceeding pursuant to CPLR article 78, the City of Yonkers appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Westchester County (Lange, J.), dated March 3, 1995, as amended by a judgment of the same court, entered January 31, 1996, as granted the petition and directed it to pay to the petitioner wage supplement benefits pursuant to General Municipal Law § 207-a (2).
Ordered that the judgment as amended is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed.
Because the petitioner did not exhaust his administrative remedies before instituting this proceeding, the judgment as amended must be reversed and the proceeding must be dismissed (see, CPLR 7801 [1]; Young Men’s Christian Assn, v Rochester Pure Water Dist., 37 NY2d 371, 375; Matter of Bern-
In light of the above, we need not reach the appellant’s remaining contentions. Bracken, J. P., Miller, Copertino and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.