Determination unanimously annulled on the law with costs and petition granted.
Memorandum:
Petitioner, who was formerly employed as a firefighter with the City of Utica, commenced this CPLR article 78 proceeding to annul a determination by respondents that denied his application for supplementary benefits under General Municipal Law § 207-a. Following a prior appeal in this matter (Matter of Dembowski v La Polla,
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