IN RE: ADOLPHUS BARKOR (2017)

MEMORANDUM AND ORDER

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Catherine R. Nugent Panepinto, J.], entered August 19, 2016) to review a determination of respondent.  The determination denied petitioner benefits pursuant to General Municipal Law § 207–c.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Inasmuch as petitioner never claimed during the hearing that respondent failed to pay specific medical expenses, his contention in that regard is not properly before us (see Matter of Molinsky v New York State Dept. of Motor Vehs., 105 AD3d 960, 960–961).  “It is well established that the scope of [a] CPLR article 78 proceeding, following an administrative hearing, is limited to review of the issues raised and addressed in that hearing” (Quintana, 114 AD3d at 1223 [internal quotation marks omitted] ).

Frances E. Cafarell

Clerk of the Court