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MTR OF JOYCE v. ORTIZ

116 A.D.2d 70 (1986)

In the Matter of James Joyce et al., Respondents, v. Juan U. Ortiz, as Personnel Director of The City of New York, et al., Appellants

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

March 18, 1986

Attorney(s) appearing for the Case

Joan E. Handler of counsel (Francis F. Caputo with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

Kenneth E. Gordon of counsel (David B. Feldman with him on the brief; Gordon & Gordon, P. C., attorneys), for respondents.

MURPHY, P. J., ASCH, KASSAL, ROSENBERGER and ELLERIN, JJ., concur.

Per Curiam.

This CPLR article 78 proceeding is before us once again because the municipal respondents have blatantly evaded compliance with the explicit mandate of this court's prior decision on the matter. (108 A.D.2d 158, opn by Milonas, J.)

It is undisputed that the competitive class civil service position of "Chief of the Department" in the New York City Fire Department has...

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