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MTR. OF SMITH v. ONON. CO. CIV. SER. COMM.

24 Misc.2d 305 (1959)

In the Matter of John W. Smith, Petitioner, v. Onondaga County Civil Service Commission, Respondent.

Supreme Court, Special Term, Onondaga County.

November 13, 1959.

Attorney(s) appearing for the Case

J. Richard Sardino for petitioner.

Julian W. Edgcomb (Stuart E. Pomeroy of counsel), for respondent.

FRANK DEL VECCHIO, J.

This is an article 78 proceeding for an order directing respondent to accept petitioner's application for examination for promotion to Fire Lieutenant, to be held on November 21, 1959.

It appears without dispute that petitioner was appointed to the Fire Department of the City of Syracuse on September 1, 1953 and holds the rank of fireman; that periodically in the absence of superior officers he has held the rank of Acting...

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