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Matter of Von Essen v New York City Civ. Serv. Commn., 2003 NYSlipOp 19827

Decided on December 23, 2003

Appellate Division, First Department

[*1] In re Thomas Von Essen, etc., et al., Petitioners-Appellants,

v

New York City Civil Service Commission, et al., Respondents-Respondents. Uniformed Firefighters Association, Amicus Curiae.

Order and judgment (one paper), Supreme Court, New York County (Joan Madden, J.), entered January 16, 2002, reversed, on the law, without costs, the petition granted, and the determination of the New York City Civil Service Commission annulled and vacated.

Opinion by Andrias, J.P. All concur except Gonzalez, J. who dissents and would affirm for the reasons stated by Madden, J.

Order filed..