Foran v. Cawley

Jacob ¡Markowitz, J.

This is a petition, pursuant to article 78 of the 'CPLR to restrain the Police 'Commissioner and the Police Department from reducing petitioner James McEvoy from the rank of Deputy Inspector to the rank of iCaptain, and for related relief.

Declaratory relief is also sought for the benefit of an unspecified class claimed to be similarly .situated to petitioner McEvoy. Since, however, the allegations in the petition apply only to petitioner, this proceeding may not be deemed a class action as contemplated by 'CPLR 1005 and is not considered as such.

By cross motion,…