INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2017. Petitioner

Similar documents
FILED: NEW YORK COUNTY CLERK 12/30/ :48 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/30/2016

FILED: NEW YORK COUNTY CLERK 12/08/ :46 PM INDEX NO /2013 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/08/2014 ATTORNEY AFFIRMATION

, x

Lisa Shaw, Karen Sprowal, Shino Tanikawa, Index No Isaac Carmignani,On Behalf of Themselves and their Children,,

FILED: KINGS COUNTY CLERK 06/05/ :18 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2017

FEES FOR FILING A PETITION TO SEAL/EXPUNGE $1.35 FEE TO PURCHASE A SEAL/EXPUNGE PACKET

FILED: KINGS COUNTY CLERK 06/20/ :49 PM INDEX NO /2016 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/20/2018

FILED: KINGS COUNTY CLERK 01/02/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2018

Petition for Ex-Parte Order

Plaintiff. Defendants. UPON READING the annexed Affidavit of Bruce A. Hubbard, duly affirmed and

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW SENATE BILL 44

ORDER TO SHOW. NYCTL TRUST, and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian for CAUSE

FILED: KINGS COUNTY CLERK 02/27/ :50 PM INDEX NO /2016 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 02/27/2018

BRETT JOSHPE, ESQ., on behalf of the American Center for Law & Justice, and

Setting Aside Record of Arrest Oregon Revised Statute

FILED: KINGS COUNTY CLERK 05/03/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/03/2018

FILED: NEW YORK COUNTY CLERK 09/30/ :55 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2016

FILED: KINGS COUNTY CLERK 08/02/ :23 AM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/02/2016

When should this form be used? IMPORTANT INFORMATION REGARDING E-FILING. What should I do next?

Matter of Ward v Kelly 2010 NY Slip Op 33246(U) November 10, 2010 Sup Ct, NY County Docket Number: /2009 Judge: Jane S. Solomon Republished

ARD/DUI EXPUNGEMENT ACT 122 AND 151

INSTRUCTIONS FOR COMPLETION OF EXPUNGEMENT FORM

FILED: NEW YORK COUNTY CLERK 05/18/ :20 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/18/2017

FILED: NEW YORK COUNTY CLERK 04/17/2014 INDEX NO /2014 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/17/2014

Case 1:10-cv FJS Document 24 Filed 11/18/11 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

FILED: NEW YORK COUNTY CLERK 01/02/ :16 PM INDEX NO /2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 01/02/2018

FILED: NEW YORK COUNTY CLERK 03/21/ :34 PM INDEX NO /2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/21/2017

NEW CASTLE COUNTY.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK )( Index No.

FILED: KINGS COUNTY CLERK 02/23/ :39 PM INDEX NO /2016 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 02/23/2018

STATE OF VERMONT SUMMONS

QUIETING TITLES, 1959 CHAPTER 393

FILED: NEW YORK COUNTY CLERK 09/08/ :24 AM INDEX NO /2017 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/08/2017

Matter of Gorelick v New York City Dept. of Hous. Preservation & Dev. (HPD) 2011 NY Slip Op 31165(U) May 3, 2011 Supreme Court, New York County

FILED: NEW YORK COUNTY CLERK 09/06/ :05 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/06/2017

The City of Chamblee, GA Door-To-Door Salesman Permit Application

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION

FILED: NEW YORK COUNTY CLERK 10/12/ :21 PM INDEX NO /2017 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/12/2017

FILED: NEW YORK COUNTY CLERK 12/28/ :04 PM INDEX NO /2013 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/28/2016

KENT COUNTY.

Appellate Term Docket Number: Upon the annexed affidavit of, dated, 2, and the papers annexed thereto,

Petition to Change the Name of an Adult

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION

HOW TO FILE AN ARD EXPUNGEMENT

FILED: NEW YORK COUNTY CLERK 07/11/ :31 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2017

FILED: KINGS COUNTY CLERK 07/24/ :07 PM INDEX NO /2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/24/2017

FILED: RICHMOND COUNTY CLERK 01/05/ :23 AM INDEX NO /2015 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/05/2018

IN THE DISTRICT COURT OF THE CHOCTAW NATION OF OKLAHOMA P.O. Box 1160 P.O. Box 702 Durant, OK Talihina, OK (580) (918)

PETITION FOR CONTEMPT OF A CUSTODY ORDER

Brief for Respondert-Respondent

FILED: QUEENS COUNTY CLERK 11/15/ :34 PM INDEX NO /2016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/15/2016

INSTRUCTIONS FOR FILING AN APPELLATE TERM, SECOND DEPARTMENT ORDER TO SHOW CAUSE

FILED: NEW YORK COUNTY CLERK 11/04/ :33 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/04/2016

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM (a)(1), STEPPARENT ADOPTION: CONSENT AND WAIVER BY PARENT (11/15)

Masud v Biswas 2016 NY Slip Op 30527(U) March 21, 2016 Supreme Court, Queens County Docket Number: 16291/14 Judge: Allan B. Weiss Cases posted with a

FILED: KINGS COUNTY CLERK 07/28/ :44 PM INDEX NO /2017 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/28/2017

How to file a PETITION TO EXPUNGE Summary offenses MDJ Level

-against- Index No.: RJI No.: NEW YORK STATE ADIRONDACK PARK AGENCY,

Scottsdale, Arizona Telephone Appearing Pro Per IN THE SUPERIOR COURT FOR THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA

FILED: NEW YORK COUNTY CLERK 11/29/ :47 PM INDEX NO /2015 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/29/2017

Avoiding Probate with Small Estates with Real Property Packet

Upon reading and filing the sworn narrative of Dr. Inna Khval, sworn to July 25, 2018;

INSTRUCTIONS PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PROVIDED UNDER W.VA. CODE

State of New York, swears and affirms under penalty of perjury as follows:

Matter of Steinberg-Fisher v North Shore Towers Apts., Inc NY Slip Op 33107(U) August 21, 2014 Supreme Court, Queens County Docket Number:

How to file a PETITION TO EXPUNGE Nolle Prossed, WITHDRAWN or DISMISSED CHARGES

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY CIVIL ACTION

BEFORE THE BOARD OF SUPERVISORS OF MARICOPA COUNTY

Petition for Georgia Residence Classification

NEW YORK SUPREME COURT - QUEENS COUNTY

FILED: NEW YORK COUNTY CLERK 01/23/2012 INDEX NO /2011 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/23/2012. Minelli Cons

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Petitioner, Respondent.

PETITION FOR INSTRUCTION

FILED: KINGS COUNTY CLERK 06/07/ :36 PM INDEX NO /2016 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 06/07/2017

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION

THE CITY OF NEW YORK DEPARTMENT OF FINANCE NOTICE OF PUBLIC HEARING

FILED: KINGS COUNTY CLERK 06/01/ :49 PM INDEX NO /2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/01/2017

FILED: NEW YORK COUNTY CLERK 11/29/ :47 PM INDEX NO /2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 11/29/2017

FILED: KINGS COUNTY CLERK 06/08/ /30/ :11 03:00 PM INDEX NO /2015 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/08/2015

PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK and the NEW YORK STATE DEPARTMENT I. PRELIMINARY STATEMENT

Matter of Smith v State of New York 2016 NY Slip Op 30043(U) January 5, 2016 Supreme Court, New York County Docket Number: /2015 Judge: Jr.

LINCOLN COUNTY INCENTIVE GRANT AGREEMENT

FILED: KINGS COUNTY CLERK 10/13/ :25 AM INDEX NO /2016 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/13/2016

CARSON CITY JUSTICE & MUNICIPAL COURT SEALING OF RECORDS INFORMATIONAL PACKET (REVISED JUNE 2015)

Country-Wide Ins. Co. v Excel Surgery Ctr., LLC 2018 NY Slip Op 33351(U) December 21, 2018 Supreme Court, New York County Docket Number: /2018

Petitioner(s), -against- Motion Seq. No.: 1 Notice of Petition. Respondent(s)

Affidavit - General (Three Page)

FRANKOVITCH, ANETAKIS, COLANTONIO & SIMON ATTORNEYS AT LAW

Case 1:17-cv LAP Document 1 Filed 01/30/17 Page 1 of 3

ENFORCING A CUSTODY ORDER (CONTEMPT)

IN THE COURT OF THE QUAPAW TRIBE OF OKLAHOMA (THE O-GAH-PAH) ) In re Petition for Change of Name of: ) ) ) Petitioner. ) ) )

GRANDPARENT VISITATION FORM PACKET

FILED: QUEENS COUNTY CLERK 05/19/ :21 PM INDEX NO /2015 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 05/19/2017

Third-Party Plaintiff, Third-Party Defendant x YOU ARE HEREBY SUMMONED, to answer the Complaint of the

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X In the Matter of the Application of JIANA BOONE,

Drummond v Town of Ithaca Zoning Bd. of Appeals 2017 NY Slip Op 30471(U) March 9, 2017 Supreme Court, Tompkins County Docket Number: EF

GUARDIANSHIP INFORMATION SHEET

FILED: NEW YORK COUNTY CLERK 12/03/2013 INDEX NO /2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/03/2013

NOMINATING PETITION FOR GENERAL ELECTION INDEPENDENT CANDIDATES

Cabrera v Port Auth. of New York 2015 NY Slip Op 32139(U) November 17, 2015 Supreme Court, Queens County Docket Number: /13 Judge: Kevin J.

Transcription:

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------------x GREGORY TERNLUND, Petitioner for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules VERIFIED PETITION IN SUPPORT OF ORDER TO SHOW CAUSE - against - Index No.:153490/2017 DANIEL A. NIGRO, AS THE FIRE COMMISSIONER OF THE CITY OF NEW YORK; THE NEW YORK CITY FIRE DEPARTMENT; AND DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, Respondents. --------------------------------------------------------------------------------x TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK: The Petition of GREGORY TERNLUND, Petitioner herein, by his attorney, ROBERT B. KRONENBERG, respectfully alleges and shows this Court as follows: I. PRELIMINARY STATEMENT 1. I am the attorney for the Petitioner, GREGORY TERNLUND ( Mr. Ternlund or Petitioner ) in the above-entitled action and as such, I am fully familiar with the facts and circumstances surrounding this case. 2. I submit this Verified Petition in support of Petitioner s Order to Show Cause seeking an Order of this Court pursuant to Article 78 of the C.P.L.R granting Petitioner the 1 1 of 10

following relief: a. That Respondents DANIEL A. NIGRO, AS THE FIRE COMMISSIONER OF THE CITY OF NEW YORK; THE NEW YORK CITY FIRE DEPARTMENT; AND DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES restore Petitioner s New York City residency credit for Exam # 2000 for the position of New York City Firefighter ( firefighter ) and restore Petitioner to his original list number of 4493.500; and b. Such other and further relief as may be just, proper, and equitable. II. STATEMENT OF FACTS 3. Petitioner s current residence is 425 Beach 119 Street, Rockaway Park, New York, County of Queens, 11694. 4. Petitioner resided at 425 Beach 119 Street, Rockaway Park, New York, County of Queens, 11694 between July 1, 2010 and June 30, 2011. 5. Petitioner s date of birth is March 28, 1991. He is twenty-six (26) years of age. 6. Upon information and belief, Respondent, Daniel A. Nigro ( Respondent or Fire Commissioner ), as the Fire Commissioner of the City of New York is the appointed head of the New York City Fire Department maintaining an office within the County of Kings, State of New York. 7. Upon information and belief, Respondent, New York City Fire Department (the FDNY or Respondent ), is a municipal agency organized and existing pursuant to the laws of the City and State of New York, maintaining an office in the County of Kings, State of New York. 2 2 of 10

8. Upon information and belief, Respondent, Department of Citywide Administrative Services (hereinafter DCAS or Respondent ) is a municipal agency organized and existing pursuant to the laws of the State of New York, maintaining an office in the County of New York, State of New York. 9. Petitioner is a candidate for the position of firefighter on Exam # 2000. 10. Petitioner applied for and received New York City residency credit. 11. By Notice to DCAS to Withdraw Claimed Credit dated February 24, 2017, the New York City Fire Department ( FDNY ), Bureau of Human Resources, Candidate Investigation Division notified the DCAS that Petitioner did not provide satisfactory documentation showing proof of NYC residency covering the period July 1, 2010 to June 30, 2011. The FDNY s assertion is false. (Please find a copy of the Notice to DCAS to Withdraw Claimed Credit dated February 24, 2017 attached hereto as Exhibit A ). 12. The Notice to DCAS to Withdraw Claimed Credit dated February 24, 2017 stated in relevant part, The candidate failed to provide satisfactory documentation showing proof of NYC residency, covering the period of July 1, 2010 to June 30, 2011. Documentation that is acceptable proof of NYC residency is described in the Notice of Examination (NOE) and in the FDNY document entitled Alternative NYC Residency Credit Documents. 13. By notice dated March 15, 2017, DCAS notified Petitioner that his residency credit was being removed. This notice further informed Petitioner that his list number on Exam # 2000 was changed from 4493.500 to 15665.500. As a result of this arbitrary and capricious action, Petitioner moved down 11,172 names on the list. (Please find a copy of the DCAS notice to Petitioner dated March 15, 2017 attached hereto as Exhibit B ). 3 3 of 10

14. Petitioner provided voluminous documentation to the FDNY, which documentation proved Petitioner resided at 425 Beach 119 th Street, Rockaway Park, New York, County of Queens, 11694 between July 1, 2010 and June 30, 2011. Petitioner provided this documentation pursuant to the information provided to him in the Notice of Examination 1 for the position of firefighter and in the Alternative NYC Residency Credit Documents form. The Notice of Examination for the position of firefighter and the Alternative NYC Residency Credit Documents form provide a list of documents that the FDNY will consider when evaluating whether or not to award New York City residency credit to a candidate. (Please find a copy of the Notice of Examination for the position of firefighter and the Alternative NYC Residency Credit Documents form attached hereto respectively as Exhibits C and D ). 15. Petitioner provided the following documentation to the FDNY proving he resided at 425 Beach 119 th Street, Rockaway Park, New York, County of Queens, 11694 between July 1, 2010 and June 30, 2011: (1) Savings account information from Wachovia Bank(attached hereto as Exhibit E ): (2) Account information from Wells Fargo (attached hereto as Exhibit F ); (3) Verizon landline phone bills (attached hereto as Exhibit G ); (4) T-Mobile cell phone bills (attached hereto as Exhibit H ); (5) Discover card invoices in addition to a letter from Discover indicating that Petitioner s mother, Linda Ternlund was added to Petitioner s account on April 12, 2008 as an authorized buyer (attached hereto as Exhibit I ); (6) Invoices from Channel Oil, Inc., a utility company (attached hereto as Exhibit J ); (7) Petitioner s parents (Stephen and Linda Ternlund) tax returns for 2010 and 2011 (attached hereto as Exhibit K ) and (8) Rutgers s University Invoices (attached hereto as Exhibit L ). All of this documentation is listed on the 1 See page three (3) of the Notice of Examination. 4 4 of 10

Notice of Examination for the position of firefighter and/or on the Alternative NYC Residency Credit Documents form as acceptable documentation to prove New York City residency. 16. In addition to the documentation listed in paragraph numbered 15 above, Petitioner submitted letters dated December 19, 2016, July 26, 2016 and August 2, 2016 to the FDNY. Petitioner drafted and submitted these letters in response to the FDNY s inquiries regarding his residence. These letters provided the FDNY with further unequivocal proof of New York City residence for the period July 1, 2010 and June 30, 2011. (Please find a copy of the letters dated December 19, 2016, July 26, 2016 and August 2, 2016 attached hereto collectively as Exhibit M ). 17. Petitioner s father, Stephen F. Ternlund, retired from the FDNY in the rank of Battalion Chief after over forty-three (43) years of service. 18. By signed and notarized statement dated February 7, 2017, Petitioner s father, notified the FDNY that Petitioner lived with him at 425 Beach 119 Street, Rockaway Park, NY for the four (4) years he attended college from the Fall of 2009 through the Spring of 2013. The FDNY disregarded this sworn statement. (Please find a copy of Stephen F. Ternlund s sworn statement dated February 7, 2017 attached hereto as Exhibit N ). 19. Upon information and belief, the FDNY questioned Petitioner about purchases made in New Jersey on his Discover credit card between July 1, 2010 to June 30, 2011. By signed and notarized statement dated February 13, 2017, Petitioner s mother, Linda Ternlund, notified the FDNY that she was an authorized purchaser on Petitioner s Discover credit card account and that the purchases in question were hers. Petitioner was an authorized purchaser on this credit card to help Petitioner build good credit. Petitioner did not make the transactions in question, some of 5 5 of 10

which included, homeowner s insurance, a membership in Classmates.com, a subscription to Redbook, a women s magazine and grocery purchases. (Please find a copy of Linda Ternlund s sworn statement dated February 13, 2017 attached hereto as Exhibit O ). 20. Firefighter Exam # 2000 is due to expire on June 26, 2017. Once Exam # 2000 expires, all of the candidates remaining on the list for this exam are no longer eligible for appointment to the position of firefighter from this list. 21. Upon information and belief, the FDNY will be swearing in only one (1) more class of firefighters from Exam # 2000, due to the impending expiration of this list. Upon information and belief, the next and final firefighter class will be sworn in on or about May 5, 2017. If Respondents do no restore Petitioner s New York City residency credit, he will not be appointed as a firefighter from Exam # 2000 and will die on the list. 22. The Respondents arbitrary and capricious decision to remove Petitioner s New York City residency credit resulted in his moving down 11,172 names on the current firefighter list. 23. As a result of Respondents arbitrary and capricious decision to remove Petitioner s New York City residency credit he will suffer irreparable harm, as his name will not be reached for the next and final firefighter class, thus, he will forever be precluded from being appointed as a firefighter from Exam # 2000. 24. Petitioner s proper list number with the New York City residency credit is 4493.5. This list number has already been reached, thus, if Petitioner retained this list number, he would be appointed to the next firefighter class as he passed every portion of the processing for the position of firefighter. 6 6 of 10

III. ARGUMENT Petitioner Provided Voluminous and Appropriate Documentation to Respondents Pursuant to the Notice of Examination 2 for the Position of Firefighter and in the Alternative NYC Residency Credit Documents Form Unequivocally Establishing his New York City Residency for the Period July 1, 2010 and June 30, 2011 and Respondents Decision to Remove Petitioner s New York City Residence Credit Resulting in his Moving Down 11, 172 Names on the list for Firefighter Exam # 2000 was Irrational and Arbitrary and Capricious 25. The Notice of Examination for the position of firefighter and the Alternative NYC Residency Credit Documents form provides firefighter candidates with a list of documents accepted by the FDNY to prove a candidate s New York City residence. As aforementioned, Petitioner submitted voluminous documentation to the FDNY pursuant to the information provided to him in the Notice of Examination for the position of firefighter and the Alternative NYC Residency Credit Documents form. This documentation proved Petitioner resided at 425 Beach 119 th Street, Rockaway Park, New York, County of Queens, 11694 between July 1, 2010 and June 30, 2011. 26. Further, Petitioner s parents, Stephen F. Ternlund, FDNY Battalion Chief, Ret., and Linda Ternlund, provided sworn affidavits further indicating that Petitioner resided at425 Beach 119 th Street, Rockaway Park, New York, County of Queens, 11694 between July 1, 2010 and June 30, 2011. (Please find a copy of the Stephen F. Ternlund and Linda Ternlund affidavits attached hereto respectively as Exhibits P and Q ). 27. Respondents disregarded clear and unequivocal proof of Petitioner s New York City residence by improperly and illegally removing Petitioner s residency credit. Because of 2 See page three (3) of the Notice of Examination. 7 7 of 10

Respondents arbitrary and capricious action, Petitioner moved down 11,172 names on the current firefighter list on Exam # 2000 from list # 4493.500 to list # 15665.500. 28. Respondents arbitrary and capricious action resulted in irreparable harm to Petitioner. In this regard, Exam # 2000 is due to expire on June 26, 2017. Once Exam # 2000 expires, all of the candidates remaining on the list for this exam, including Petitioner, are no longer eligible for appointment to the position of firefighter from this list. In sum, such candidates, including Petitioner will die on the list. 29. Upon information and belief, the New York City Fire Department will swear in only one (1) more class of firefighters from Exam # 2000, due to the impending expiration of this list. Upon information and belief, the next and final firefighter class will be sworn in on or about May 5, 2017. If Respondents do no restore Petitioner s New York City residency credit prior to May 5, 2017 or whatever date the next class is sworn in, he will not be appointed as a firefighter from Exam # 2000 and will die on the list. Conversely, if Respondents restore Petitioner s New York City residency credit, his proper list number will be reached and he will be appointed as a firefighter from the list for Exam # 2000. Petitioner s proper list number with the New York City Residency credit is 4493.5. This list number has already been reached, thus, if Petitioner retained this list number, he would be appointed to the next firefighter class as he passed every portion of the processing for the position of firefighter. 30. Due to the impending expiration date of Exam # 2000 and due to the likelihood that the next and final firefighter calls from Exam # 2000 will be sworn in on May 5, 2017, it is critical that Respondents restore Petitioner s New York City residency credit immediately. 8 8 of 10

31. Respondents decision to remove Petitioner s New York City Residency credit was made in bad faith and was irrational and arbitrary and capricious. 32. As a result of Respondents irrational and arbitrary and capricious decision, Petitioner moved down 11,172 names on the list for Firefighter Exam # 2000. 33. As a result of Respondents irrational and arbitrary and capricious decision, Petitioner will suffer irreparable harm, as Petitioner s new list number will not be reached prior to the impending expiration of the list for Firefighter Exam # 2000. 34. The Petitioner has no adequate remedy at law other than a judgment granting the relief requested herein and in the Order to Show Cause. 35. No previous application has been made for the relief requested herein. 36. The Petitioner herein is the party aggrieved by the aforesaid determination. WHEREFORE, Petitioner, GREGORY TERNLUND, respectfully requests judgment pursuant to Article 78 of the CPLR (1) annulling, vacating, reversing and setting aside the determination of the Respondents, DANIEL A. NIGRO, AS THE FIRE COMMISSIONER OF THE CITY OF NEW YORK; the FIRE DEPARTMENT OF THE CITY OF NEW YORK and the DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES dated March 15, 2017 which determination removed Petitioner s New York City residency credit resulting in his list number on Exam # 2000 changing from 4493.500 to 15665.500; (2) that Respondents DANIEL A. NIGRO, AS THE FIRE COMMISSIONER OF THE CITY OF NEW YORK; THE NEW YORK CITY FIRE DEPARTMENT; AND DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES restore Petitioner s New York City residency credit for Exam # 2000 for the position of New York City Firefighter ( firefighter ) and restore Petitioner to his 9 9 of 10

original list number of 4493.500 and (3) such other and further relief as may be just, proper, and equitable. Dated: Islandia, New York April 15, 2017 Yours, etc., Robert B. Kronenberg ROBERT B. KRONENBERG, ESQ. Attorney for Petitioner 1355 Motor Parkway Islandia, New York ll749 (631) 234-4434 TO: NYC Fire Department Bureau of Legal Affairs 9 Metrotech Center Brooklyn, NY 11201 NYC Fire Department Mr. Daniel A. Nigro, Fire Commissioner 9 Metrotech Center Brooklyn, NY 11201 Department of Citywide Administrative Services 100 Centre Street New York, NY 10007 10 10 of 10