Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, those branches of the petition which were to direct Salvatore J. Cassano, as Fire Commissioner of the City of New York, and the City of New York to place the petitioner's name on a special eligible list for promotion to the rank of fire marshal and reconsider him for such promotion are denied, and the proceeding is dismissed in its entirety.
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