Timerman v. Bence

— Judgment unanimously affirmed without costs. Memorandum: Petitioner appeals from a judgment that denied his CPLR article 78 petition to annul *1221respondents’ determination excluding petitioner’s name from a certified list of eligibles for the position of firefighter for the City of Watertown. Petitioner contends that the determination to exclude him from the eligibility list because he exceeded the maximum age of 30 was arbitrary, a violation of statute, and a denial of equal protection.

It was not arbitrary for respondents to exclude petitioner from the eligible list. He had reached the age of…