Zumpano v. City of Utica

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Petitioners appeal from a judgment granting respondents’ preanswer motion to dismiss the petition in this CPLR article 78 proceeding. Petitioners seek a judgment reinstating petitioners John Nole and Jeffrey DeSarro to the position of firefighter and compelling respondent City of Utica to fill vacant positions in the City of Utica Bureau of Fire.

Upon our review of the petition and exhibits annexed thereto and upon consideration of the State laws and local laws and…