MATTER OF GRAHAM v. NEW YORK STATE POLICE & FIRE RET. SYS.


188 A.D.2d 826 (1992)

In the Matter of Michael Graham, Appellant, v. New York State Police and Fire Retirement System et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 10, 1992


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 performance of duty retirement benefits (see, e.g., Matter of Barson v Regan, 177 A.D.2d 21

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