Viscomi v. Village of Herkimer

Appeal from a judgment (denominated order) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered May 18, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

*1050It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is granted in part and the matter is remitted to respondent for further proceedings in accordance with the following memorandum: Petitioner commenced this proceeding seeking judgment directing respondent to grant him benefits pursuant to General…