Bett v. City of Lackawanna

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 13, 2007 in a proceeding pursuant to CPLR article 78. The judgment, among other things, dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition in which he sought, inter alia, to annul the determination that he is physically able to return to work in a “light duty capacity” as a firefighter employed by respondent. Petitioner was disabled in 1971 from…