Driscoll v. Department of Fire of the City of Syracuse

Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: This appeal involves a CPLR article 78 proceeding brought by petitioner Daniel Driscoll against respondent Department of Fire of the City of Syracuse and respondent Thomas Hanlon, Fire Chief of the City of Syracuse. Petitioner, an eight-year veteran of the Syracuse Fire Department, was placed on sick leave for medical reasons in December, 1980. Relative to this condition, petitioner was ordered to appear for two medical examinations in March and April of 1981. Petitioner failed to report for the second of these…