Maresca v. McElligott

This is an appeal from a final order made in a proceeding instituted under article 78 of the Civil Practice Act which directs as of June 16, 1939, the reinstatement of respondent as a member of the uniformed force of the fire department at his former salary of $3,000 per annum and his assignment to light duties not requiring active service at fires. The order also denied appellants’ cross-motion made pursuant to section 1293 of the Civil Practice Act to dismiss the petition for legal insufficiency.

Respondent was appointed a member of the uniformed force of the fire department of the city of…