MacRae v. Dolce

In a hybrid proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from requiring the petitioners to perform out-of-title work, and an action for a judgment declaring that the respondents’ policy of assigning fire fighters to perform the duties of fire lieutenants violates the New York Constitution, article V, § 6 and Civil Service Law § 61 (2), the petitioners appeal from a judgment of the Supreme Court, Westchester County (Coppola, J.), entered March 18, 1999, which dismissed the proceeding, and declared that the policy of “routinely * * * assigning…