Majority
In a proceeding pursuant to CPLR article 78, the City of Yonkers appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Westchester County (Lange, J.), dated March 3, 1995, as amended by a judgment of the same court, entered January 31, 1996, as granted the petition and directed it to pay to the petitioner wage supplement benefits pursuant to General Municipal Law § 207-a (2).
Ordered that the judgment as amended is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed.
Because the petitioner did not exhaust his administrative remedies before instituting this proceeding, the judgment as amended must be reversed and the proceeding must be dismissed (see, CPLR 7801 [1]; Young Men’s Christian Assn, v Rochester Pure Water Dist., 37 NY2d 371 , 375; Matter of Bern-
In light of the above, we need not reach the appellant’s remaining contentions. Bracken, J. P., Miller, Copertino and Krausman, JJ., concur.
Cases cited
- Young Men's Christian Ass'n v. Rochester Pure Waters District 37 NY2d 371 at 375 p. 520
- Bernhard v. Hartsdale Fire District 226 AD2d 715 p. 521
- D'Onofrio v. City of Mount Vernon 226 AD2d 719 p. 521
- Di Pietro v. State Insurance Fund 206 AD2d 211 at 214-215 p. 521
- Doe v. St. Clare's Hospital & Health Center 194 AD2d 365 at 366 p. 521
- Dawson v. Gibson 176 AD2d 876 at 877 p. 521
- Cook v. City of Utica 88 NY2d 833 p. 521