MATTER OF MORVANT v. CAREY


70 A.D.2d 880 (1979)

In the Matter of Russell Morvant, on Behalf of Himself and All Others Similarly Situated, Respondent, v. Frederick S. Carey et al., Constituting the Municipal Civil Service Commission of The City of Yonkers, Appellants

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

June 4, 1979


Judgment reversed, on the law, with $50 costs and disbursements to appellants payable by petitioner-respondent, and proceeding dismissed on the merits.

The petitioner is disputing the validity of a resolution passed by the Yonkers Civil Service Commission on May 2, 1977 which simultaneously established a new list for promotion to sergeant for a period of four years and also provided that "The eligible list for Police Sergeant...

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