Bota v. Municipal Civil Service Commission

In an action for a judgment declaring City of New Rochelle Civil Service Rule XIII unconstitutional as applied to police officers hired prior to its enactment, the defendants appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered September 7, 2001, which, inter alia, denied their motion for summary judgment and granted the plaintiffs’ cross motion for summary judgment.

Ordered that the order and judgment is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and it is declared that City of New Rochelle Civil Service Rule…