Ball v. Kirby

Appellate Division of the Supreme Court of New York

Ball v. Kirby

115 A.D.2d 648, 496 N.Y.S.2d 485, 1985 N.Y. App. Div. LEXIS 55093

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1985

StatusPublished

This text of 115 A.D.2d 648 (Ball v. Kirby) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ball v. Kirby, 115 A.D.2d 648, 496 N.Y.S.2d 485, 1985 N.Y. App. Div. LEXIS 55093 (N.Y. Ct. App. 1985).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Kirby appointing the respondent Gennaro A. Cavalieri to the position of social welfare examiner II in the Suffolk County Department of Social Services, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Jones, J.), entered May 3, 1984, which, after a hearing, denied the application and dismissed the proceeding on the merits.

Judgment affirmed, with one bill of costs to respondents appearing separately and filing separate briefs.

The determination to appoint respondent Cavalieri pursuant to Suffolk County Civil Service rule XVII was based upon Cavalieri’s previous experience, knowledge and record of performance. Since there is a rational basis for the determination, it should not be overturned (see, CPLR 7803 [3]; Matter of Adelman v Bahou, 85 AD2d 862, lv denied 56 NY2d 502). Mangano, J. P., Bracken, Niehoff and Eiber, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Kirby appointing the respondent Gennaro A. Cavalieri to the position of social welfare examiner II in the Suffolk County Department of Social Services, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Jones, J.), entered May 3, 1984, which, after a hearing, denied the application and dismissed the proceeding on the merits.

Judgment affirmed, with one bill of costs to respondents appearing separately and filing separate briefs.

The determination to appoint respondent Cavalieri pursuant to Suffolk County Civil Service rule XVII was based upon Cavalieri’s previous experience, knowledge and record of performance. Since there is a rational basis for the determination, it should not be overturned (see, CPLR 7803 [3]; Matter of Adelman v Bahou, 85 AD2d 862, lv denied 56 NY2d 502). Mangano, J. P., Bracken, Niehoff and Eiber, JJ., concur.

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Bluebook (online)

115 A.D.2d 648, 496 N.Y.S.2d 485, 1985 N.Y. App. Div. LEXIS 55093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ball-v-kirby-nyappdiv-1985.

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