Uniformed Firefighters Ass'n v. City of New York

Appellate Division of the Supreme Court of New York

Uniformed Firefighters Ass'n v. City of New York

88 A.D.2d 809, 451 N.Y.S.2d 96, 1982 N.Y. App. Div. LEXIS 17112

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 3, 1982

StatusPublished

This text of 88 A.D.2d 809 (Uniformed Firefighters Ass'n v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Uniformed Firefighters Ass'n v. City of New York, 88 A.D.2d 809, 451 N.Y.S.2d 96, 1982 N.Y. App. Div. LEXIS 17112 (N.Y. Ct. App. 1982).

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Opinion

Judgment, Supreme Court, New York County (Pécora, J.), entered February 19, 1981 dismissing CPLR article 78 petition, is unanimously affirmed, with[810]*810out costs. With respect to petitioners Yodice and De Blasio, the claims asserted are not barred by the four-month Statute of Limitations of CPLR 217. But their claims were, in any event, properly dismissed as petitioners’ case fails on its merits. In our view, the fair intendment of the statute is that firemen fourth grade, whose probationary periods are properly extended, are not entitled to advancement to the third grade until they have completed their probationary periods. (See Administrative Code of City of New York, ch 19, §§ 487a-4.0, 487a-7.0.) Concur — Sandler, J. P., Ross, Silverman, Bloom and Lynch, JJ.

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Judgment, Supreme Court, New York County (Pécora, J.), entered February 19, 1981 dismissing CPLR article 78 petition, is unanimously affirmed, with[810]*810out costs. With respect to petitioners Yodice and De Blasio, the claims asserted are not barred by the four-month Statute of Limitations of CPLR 217. But their claims were, in any event, properly dismissed as petitioners’ case fails on its merits. In our view, the fair intendment of the statute is that firemen fourth grade, whose probationary periods are properly extended, are not entitled to advancement to the third grade until they have completed their probationary periods. (See Administrative Code of City of New York, ch 19, §§ 487a-4.0, 487a-7.0.) Concur — Sandler, J. P., Ross, Silverman, Bloom and Lynch, JJ.

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Bluebook (online)

88 A.D.2d 809, 451 N.Y.S.2d 96, 1982 N.Y. App. Div. LEXIS 17112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/uniformed-firefighters-assn-v-city-of-new-york-nyappdiv-1982.

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