Smithwick v. Levitt

—Judgment, Supreme Court, New York County (Kristin Booth Glen, J.), entered on or about September 2, 1987, which granted petitioner’s application for a judgment pursuant to CPLR article 78 to the extent of annulling a determination of the respondent Department of Personnel, dated July 29, 1985, and declaring that the age requirement contained in notices for firefighters examination No. 1162 was arbitrary and capricious and could not be used to disqualify petitioner as a firefighter, reversed, on the law and the facts, the application denied and the petition dismissed, without costs.

The facts…