Motta v. McCall

—Kane, J.

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered August 14, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for, inter alia, failure to exhaust administrative remedies.

*804Petitioner was a firefighter employed by the City of Albany from February 1978 until August 1998, when he retired. Three years prior to his retirement, petitioner participated in a preferred overtime program whereby any firefighters who indicated their intent to retire would enjoy a preference in the delegation of overtime hours. Petitioner’s average…