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  5. 46 N.Y.2d 830 (1978)
 

YETMAN v. D'AMBROSE

46 N.Y.2d 830 (1978)

Lawrence Yetman et al., Respondents, v. Alphonse E. D'Ambrose, as Director of the Department of Personnel and Chairman of the Civil Service Commission of the City of New York, et al., Appellants. In the Matter of Patrick T. McCarthy et al., Respondents, v. Thomas F. Roche, as City Personnel Director of the Department of Personnel and Chairman of the Civil Service Commission of the City of New York, et al., Appellants. Seymour Gewirtz, Respondent, v. Alphonse D'Ambrose et al., as Members of the Department of Personnel and the Civil Service Commission of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Susan L. Bloom and L. Kevin Sheridan of counsel), for appellants.

Richard K. Shepard for respondents in the first above-entitled proceeding.

Adolph D. Seltzer, Dominick F. Callo and Robert J. Cahn for respondents in the second above-entitled proceeding.

Seymour Gewirtz, respondent pro se, in the third above-entitled proceeding.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

In each case, the order of the Appellate Division should be reversed, with costs, and the petition dismissed.

Petitioners, members of the New York City Fire Department, successfully competed in a competitive examination for promotion to the rank of Lieutenant. A promotional eligibility list was promulgated on July 13, 1972. Subsequently, the Legislature amended...

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