IN RE: Vincent LEONE (2011)

Order and judgment (one paper), Supreme Court, New York County (Michael D. Stallman, J.), entered December 10, 2009, which granted respondents' cross motion to dismiss the petition brought pursuant to CPLR article 78 seeking to reinstate respondents' promotional list for the position of Sergeant in the New York City Police Department and retroactively promote petitioner to the rank of Sergeant, unanimously affirmed, without costs.

Petitioner commenced this proceeding after the expiration of the promotional list. As petitioner acknowledges, he may not be promoted from an expired list and the courts do not have the power to extend the life of a civil service list (see Matter of Deas v. Levitt, 73 N.Y.2d 525, 532-533 [1989]; Andriola v. Ortiz, 156 A.D.2d 241, 242 [1989], lv dismissed, 75 N.Y.2d 963 [1990] ). Further, given, among other things, petitioner's extensive disciplinary history, respondents had a rational basis for declining to promote him (see generally Matter of Straker v. Giuliani, 292 A.D.2d 260 [2002], lv denied 98 N.Y.2d 606 [2002] ). Petitioner's argument that he was the victim of the Department's “illegal quota” system, lacks evidentiary support.