The respondent contends that the petitioner, if he was entitled to the benefits accorded by law to exempt firemen, waived his right thereto by his failure to give notice to his employer of such status and assert his rights prior to his dismissal. The respondent cites in support of his position People ex rel. Robesch v. President of Borough of Queens ( 190 N.Y. 497); People ex rel. Lee v. Adamson ( 171 A.D. 655); Matter of Morgan v. Smith ( 224 A.D. 203), and Matter of Place v. Estabrook ( 252 A.D. 874, 253 A.D. 828, affd. 278 N.Y. 728). The authorities cited sustain respondent's contentions. The court reaches the conclusion that the objections in point of law must be sustained.