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MATTER OF ALBANY PERMANENT PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 2007, IAFF, AFL-CIO v. CITY OF ALBANY

303 A.D.2d 819 (2003)

755 N.Y.S.2d 323

In the Matter of ALBANY PERMANENT PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 2007, IAFF, AFL-CIO, on Behalf of WILLIAM A. KRUG, et al., Appellants, v. CITY OF ALBANY et al., Respondents.

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

Decided March 6, 2003.

Carpinello, J.

In this CPLR article 78 proceeding seeking relief in the nature of mandamus to compel, petitioners contend that petitioner William A. Krug is entitled as a matter of law to be permanently appointed to the position of fire lieutenant in the City of Albany Fire Department pursuant to Civil Service Law § 64 (1). Pursuant to this statute, "[a] temporary appointment may be made for a period not exceeding three months when the need for such service is...

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