Newman v. Fire Department

Judgment, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about October 10, 2006, dismissing this CPLR article 78 proceeding seeking to rescind an agreement and to reinstate petitioner, unanimously affirmed, without costs.

Upon his appointment, petitioner signed an agreement that extended his one-year probationary period as a firefighter to 18 months and waived his right to a disciplinary hearing. The agreement was enforceable. Unlike the ineffective agreement in Vega v Civil Serv. Commn., City of N.Y. (385 F Supp 1376 [SD NY 1974]), which merely spelled out statutory…