Brown v. Kennedy

In this proceeding under article 78 of the Civil Practice Act, the petitioner seeks, among other things, to compel the defendants, officers of the City of New-burgh, to reinstate him to his position of chief of the Fire Department of the City of Newburgh.

*406The parties have agreed that no question of fact is presented herein as all of the material facts are undisputed and that the issue presented is solely a question of law. That question of law is one which requires the construction of the last sentence of paragraph (b) of subdivision 1 of section 246 (now 243) of the Military Law which reads:…