Lefford v. City of Jamestown

—Judgment unanimously reversed on the law without costs, motion granted and petition dismissed. Memorandum: Supreme Court should have granted respondents’ motion to dismiss the petition on the ground that petitioner failed to exhaust his administrative remedies. The record establishes that petitioner, a firefighter employed by the City of Jamestown Fire Department, was granted performance of duty disability retirement benefits pursuant to Retirement and Social Security Law § 363-c. Petitioner thereafter applied to the City of Jamestown for supplemental wage benefits pursuant to General…