Trotta v. Kirwan

*686Appeal from a judgment of the Supreme Court at Special Term,' entered March 22, 1974 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, seeking a direction that respondent promote them in rank pursuant to a civil service eligibility list. Petitioned were both on the eligibility list for promotion to the rank of lieutenant in the Division of State Police. The list was established on May 28,. 1971 and" expired on May 28, 1973. During this period, they eventually, rose, from numbers 19 and 20 on said list to numbers one and two. Thereafter,…