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MATTER OF GORMAN v. VON ESSEN

294 A.D.2d 209 (2002)

742 N.Y.S.2d 235

In the Matter of PETER GORMAN, Individually and as President of the Uniformed Fire Officers Association, Local 854, LAFF, AFL-CIO, et al., Respondents, v. THOMAS VON ESSEN, as Fire Commissioner of the City of New York, et al., Appellants.

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

Decided May 16, 2002.

The challenged resolution eliminates the titles Battalion Chief (Fire) and Deputy Chief (Fire) and replaces them with the title of Chief Officer (Fire) subdivided into two assignment levels, Level I corresponding to the former Battalion Chief and Level II corresponding to the former Deputy Chief. Elevation from Level I to Level II would be based on record and performance, and the competitive examination formerly required for promotion from Battalion Chief to Deputy Chief...

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