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MTR. OF LOVE v. BRONSTEIN

43 A.D.2d 426 (1974)

In the Matter of Robert F. Love, Individually and as President of The Lieutenants Pre-Eligibles Association 1972, Fire Department, City of New York, Respondent, v. Harry Bronstein, as Chairman of The City Civil Service Commission and Director of Personnel of The City of New York, et al., Appellants, and David M. McCormack, Individually and as President of The Uniformed Fire Officers Association, Local 859, International Association of Fire Fighters, AFL-CIO, et al., Intervenors-Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 14, 1974.

Attorney(s) appearing for the Case

Ellen Kramer Sawyer of counsel (Stanley Buchsbaum with her on the brief; Norman Redlich, Corporation Counsel), for appellants.

Murray A. Gordon, P. C. (Marina Angel with him on the brief), attorney for intervenors-respondents-appellants.

Thomas F. McCarthy for respondent.

KUPFERMAN and TILZER, JJ., concur with MURPHY, J.; NUNEZ, J. P., dissents and votes to affirm on the opinion of GREENFIELD, J.

MURPHY, J.

In this article 78 proceeding, respondents and intervenors-respondents appeal from a judgment, inter alia, declaring null and void the appointment of 115 persons to the rank of Lieutenant of the Fire Department.

The essential facts are not in dispute. On January 24, 1972 the Fire Commissioner notified the Mayor and the Comptroller of the City of New York of a proposed change in the...

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