Opinion
2003-04750.
Decided June 7, 2004.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondents dated June 12, 2002, which denied the petitioner benefits pursuant to General Municipal Law § 207-a, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Orange County (Zambelli, J.), dated April 3, 2003, which denied the petition, granted the respondents' motion to dismiss the proceeding, and dismissed the proceeding.
Russell A. Schindler, Kingston, N.Y., for appellant.
Alex Smith, Middletown, N.Y., for respondents.
Before: HOWARD MILLER, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT A. SPOLZINO, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
The challenged determination was not arbitrary or capricious ( see CPLR 7803; Matter of Cole-Hatchard v. Sherwood, 309 A.D.2d 933).
The petitioner's remaining contentions are without merit.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.