Legal Opinion

Graham v. New York State Police & Fire Retirement System

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 1992PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Cheeseman, J.), entered September 12, 1991 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to exhaust administrative remedies.

Supreme Court properly granted respondents’ motion to dismiss the proceeding on the basis of petitioner’s failure to exhaust his administrative remedies. Assuming that petitioner is correct in his assertion that his employer lacked standing to seek review of respondent Comptroller’s initial decision awarding petitioner accidental and…

2Cases cited8 opinions

  1. Cassidy v. ReganAppellate Division of the Supreme Court of the State of New York · 1990
  2. Brosnahan v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1991
  3. Goodman v. ReganAppellate Division of the Supreme Court of the State of New York · 1989
  4. Boudreau v. LevittAppellate Division of the Supreme Court of the State of New York · 1979
  5. Barson v. ReganAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by3 opinions

  1. DiNapoli v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 2011
  2. D'Agostino v. DiNapoliNew York Supreme Court · 2009
  3. Matter of Smith v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2018

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