Baker v. City of Elmira
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from an order of the Supreme Court (Ellison, J.), entered October 19, 1998 in Chemung County, which granted defendant’s motion for summary judgment dismissing the complaint.
In March 1991, plaintiff, employed by defendant City of Elmira as a firefighter since 1974, took the civil service promotional examination for Fire Lieutenant and placed fifth on the eligible list which expired in June 1993. Before its expiration, the first four firefighters were promoted in the order of their civil service scores. By memorandum dated March 18, 1993, Donald Harrison, defendant’s Fire Chief, informed…
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