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GALLAGHER v. CITY OF NY

307 A.D.2d 76 (2003)

761 N.Y.S.2d 37

In the Matter of KEVIN E. GALLAGHER, Individually and as President of the Uniformed Firefighters Association, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

June 12, 2003.

Attorney(s) appearing for the Case

Michael N. Block of counsel, New York City (Stephen C. Glasser on the brief; Sullivan Papain Block McGrath & Cannavo P.C., attorneys), for respondent.

Drake A. Colley of counsel (Edward F.X. Hart and Leonard Koerner on the brief; Michael A. Cardozo, Corporation Counsel of New York City, attorney), for appellants.

NARDELLI, J.P., FRIEDMAN, MARLOW and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal presents the issue of whether the decision to create a "promotional" list of candidates for appointment to the position of firefighter from the ranks of emergency medical technicians (EMTs) and paramedics employed in the Emergency Medical Service (EMS) Division of the Fire Department of the City of New York, which list would be exhausted before any candidates for the same position would be chosen from a list...

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