Smith v. Onondaga County Civil Service Commission

This is an article 78 proceeding for an order directing respondent to accept petitioner’s application for examination for promotion to Fire Lieutenant, to be held on November 21, 1959.

It appears without dispute that petitioner was appointed to the Fire Department of the City of Syracuse on September 1, 1953 and holds the rank of fireman; that periodically in the absence of superior officers he has held the rank of Acting Lieutenant in charge of a fire company; that when appointed he was a resident of the City of Syracuse but soon thereafter moved from the city and became and still is a…