Pomakoy v. Lombardo

Levine, J. (dissenting).

Although we are in agreement with the majority that Supreme Court misread Civil Service Law § 73 in ruling that the petition is time barred, we are nonetheless convinced that the petition should be dismissed on the merits. There is no contested issue of fact that petitioner is presently physically unfit to perform the regular duties of a firefighter, that being the only position at all times held by him with the City of Albany Fire Department. Respondents made a determination that, therefore, he was unable to perform the duties of his former position within the meaning…