MATTER OF TROTTA v. KIRWAN


47 A.D.2d 685 (1975)

In the Matter of Donald Trotta et al., Appellants, v. William E. Kirwan, as Superintendent of The Division of State Police, Respondent

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

February 20, 1975


Petitioners were both on the eligibility list for promotion to the rank of lieutenant in the Division of State Police. The list was established on May 28, 1971 and expired on May 28, 1973. During this period, they eventually rose from numbers 19 and 20 on said list to numbers one and two. Thereafter, but prior to the expiration of the list, at least one vacancy occurred in that rank, yet neither petitioners nor any other eligible...

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