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MATTER OF UNIFORMED FIREFIGHTERS ASS'N, LOCAL 94, IAFF, AFL-CIO v. CITY OF NEW YORK

88 A.D.2d 809 (1982)

In the Matter of Uniformed Firefighters Association, Local 94, IAFF, AFL-CIO, et al., Appellants, v. City of New York, et al., Respondents

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

June 3, 1982

With respect to petitioners Yodice and De Blasio, the claims asserted are not barred by the four-month Statute of Limitations of CPLR 217. But their claims were, in any event, properly dismissed as petitioners' case fails on its merits. In our view, the fair intendment of the statute is that firemen fourth grade, whose probationary periods are properly extended, are not entitled to advancement to the third grade until they have completed...

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