MATTER OF BELOTEN v. DIAMOND


276 A.D.2d 438 (2000)

714 N.Y.S.2d 491

In the Matter of SCOTT R. BELOTEN et al., Appellants, v. WILLIAM J. DIAMOND et al., Respondents.

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

Decided October 31, 2000.


We affirm on the ground that the petition fails to state a cause of action. A notice of examination for "promotion to firefighter" advised petitioners that as employees of the Fire Department in emergency medical technician and paramedic titles, they were qualified to take the exam, provided, among other things, they had not passed their twenty-ninth birthday as of the beginning of the application period, as required by Civil Service Law § 54 and Administrative Code...

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