Albany Permanent Professional Firefighters Ass'n v. City of Albany

—Carpinello, J.

Appeal from a judgment of the Supreme Court (McNamara, J.), entered December 14, 2001 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to compel respondents to appoint petitioner William A. Krug to the position of fire lieutenant.

In this CPLR article 78 proceeding seeking relief in the nature of mandamus to compel, petitioners contend that petitioner William A. Krug is entitled as a matter of law to be permanently appointed to the position of fire lieutenant in the City of Albany Fire Department pursuant to Civil Service…