Armetta v. Town of Bethel

—Crew III, J.

Appeal from a judgment of the Supreme Court (Keegan, J.), entered July 23, 1998 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted certain respondents’ motion to dismiss the petition for, inter alia, failure to state a claim upon which relief can be granted.

In July 1991 petitioner, then employed by the Town of Bethel Highway Department in Sullivan County, sustained serious physical injuries as the result of a work-related accident. Thereafter, in July 1996, petitioner was advised by respondent Richard H. Yeomans, Superintendent of Highways for…