Kopf v. Nulty

—In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Orangetown, dated January 16, 2001, promoting a candidate other than the petitioner to the position of police lieutenant, and to compel the respondents to appoint the petitioner to the position, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Nelson, J.), dated May 29, 2002, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme…