Szipcek v. Safir

—Order and judgment (one paper), Supreme Court, New York County (Stanley Sklar, J.), entered April 28, 2000, which granted respondent’s motion to dismiss petitioner’s application for failure to state a cause of action, unanimously affirmed, without costs.

The proceeding was properly dismissed on the ground that there is no merit to petitioner’s claim that, having been reconsidered for the position of sergeant and promoted thereto, he is entitled to “make-whole relief’ in the form of back pay and retroactive seniority. The only remedy for defects in the civil service appointment or promotion…