Opinion
April 18, 1988
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the judgment is affirmed, with costs.
The appellants are police sergeants who are ranked highest on the respondents' 1984 list of eligible candidates for the position of lieutenant. They seek to prevent the promulgation of a new list by claiming they are aggrieved by the failure to use the old one. Their position is untenable. The fact that other sergeants are currently employed in positions once occupied by lieutenants is irrelevant. There are no vacancies for lieutenants, so the appellants could not have been promoted regardless of who was working in those positions (cf., Matter of Mena v. D'Ambrose, 44 N.Y.2d 428, 433; Matter of State Div. of Human Rights v. County of Onondaga, 84 A.D.2d 931).
The respondents properly exercised their statutory discretion in scheduling a new candidates' test for the position of lieutenant. It is clear that the value of the eligibility list diminishes over time (see, Civil Service Law § 56; Hurley v Board of Educ., 270 N.Y. 275, 280; Matter of Roske v. Keyes, 46 A.D.2d 366, 368). Eiber, J.P., Kooper, Sullivan and Balletta, JJ., concur.