Niagara Falls Fire Department Officers Ass'n v. Shiah (247 A.D.2d 927, 1998)

Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting the petition to enjoin the appointment of firefighters to the position of fire captain on a temporary basis and in declaring that such appointments contravened Civil Service Law § 61 (2) and NY Constitution, article V, § 6. The record presents factual issues whether the appointments were made lawfully pursuant to Civil Service Law § 64 (cf, Matter of Niagara Falls Fire Dept. Officers Assn, v Bowser, 145 AD2d 907), and that issue should not have been decided without a hearing (see, CPLR 7804 [h]). Thus, we remit the matter to Supreme Court for a hearing. (Appeal from Judgment of Supreme Court, Niagara County, Fahey, J. — CPLR art 78.)

Present — Green, J. P., Hayes, Callahan, Balio and Fallon, JJ.