Brzostek v. City of Syracuse

—Judgment unanimously reversed on the law without fiosts, amended petition granted in part and matter remitted to respondents for further proceedings in accordance with the following Memorandum: We previously held that petitioner was entitled to a determination on the merits of his request for General Municipal Law § 207-a (2) benefits (Matter of Brzostek v City of Syracuse, 238 AD2d 947, 948, lv dismissed 92 NY2d 1026). The parties did not, however, create an administrative record for judicial review, but instead submitted a set of stipulated facts to Supreme Court, allowing the court to…