IN RE: Timothy Rivicci (2026)

Argued—September 11, 2026

DECISION & ORDER

C/

In a proceeding pursuant to CPLR article 78 to review a determination of the City of New York Reasonable Accommodation Appeals Panel dated February 20, 2022, which upheld a determination of the New York City Fire Department dated November 29, 2021, denying the petitioner's request for a reasonable accommodation from a vaccine mandate based on his religion, the New York City Fire Department and the City of New York appeal from stated portions of an order of the Supreme Court, Richmond County (Ralph J. Porzio, J.), dated October 7, 2022, The order, inter alia, granted the petition, annulled the determination dated February 20, 2022, and directed the New York City Fire Department and the City of New York to reinstate the petitioner to his position as a firefighter with a reasonable accommodation from the vaccine mandate and back pay.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed, as no appeal lies as of right from an intermediate order entered in a proceeding pursuant to CPLR article 78 (see id. § 5701[b][1] ), and any possibility of taking a direct appeal therefrom terminated with the entry of a judgment in the proceeding (see Matter of Aho, 39 N.Y.2d 241, 248).  The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1] ).

CONNOLLY, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court