Joyce v. Ortiz

OPINION OF THE COURT

This CPLR article 78 proceeding is before us once again because the municipal respondents have blatantly evaded compliance with the explicit mandate of this court’s prior decision on the matter. (108 AD2d 158, opn by Milonas, J.)

It is undisputed that the competitive class civil service position of "Chief of the Department” in the New York City Fire Department has been filled by provisional employees since 1978 and that no test has been conducted and no eligible list established since that date. As noted in our earlier decision granting the article 78 relief sought by…