Rea v. City of Kingston

Appeal from a judgment of the Supreme Court (Zwack, J), entered December 31, 2013 in Ulster County, which, in a proceeding pursuant to CPLR article 78, upon remittal, among other things, reinstated petitioner to his position as Assistant Fire Chief for respondent City of Kingston with an award of retroactive back pay.

The underlying facts are more fully set forth in this Court’s prior decision in this matter (110 AD3d 1227 [2013]). Briefly, petitioner was promoted from Assistant Fire Chief to Fire Chief of the City of Kingston Fire Department in January 2012. Shortly thereafter, respondent…