Chiang v. County of Nassau

Appellate Division of the Supreme Court of New York

Chiang v. County of Nassau

38 A.D.3d 772, 830 N.Y.S.2d 913

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

DecidedMarch 20, 2007

StatusPublished

This text of 38 A.D.3d 772 (Chiang v. County of Nassau) 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

Chiang v. County of Nassau, 38 A.D.3d 772, 830 N.Y.S.2d 913 (N.Y. Ct. App. 2007).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Nassau County Civil Service Commission dated March 22, 2005 disqualifying the petitioner from eligibility for appointment to the position of Nassau County Police Officer on medical grounds, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Daily, J.), entered September 19, 2005, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, [773]*773the petition is granted, the determination is annulled, and the petitioner is reinstated to the status of an eligible candidate for the position of Nassau County Police Officer.

The credible medical evidence demonstrated that the petitioner was medically qualified for the position in question. Accordingly, the respondents’ determination was arbitrary and capricious. Mastro, J.P., Krausman, Florio and Balkin, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Nassau County Civil Service Commission dated March 22, 2005 disqualifying the petitioner from eligibility for appointment to the position of Nassau County Police Officer on medical grounds, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Daily, J.), entered September 19, 2005, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, [773]*773the petition is granted, the determination is annulled, and the petitioner is reinstated to the status of an eligible candidate for the position of Nassau County Police Officer.

The credible medical evidence demonstrated that the petitioner was medically qualified for the position in question. Accordingly, the respondents’ determination was arbitrary and capricious. Mastro, J.P., Krausman, Florio and Balkin, JJ., concur.

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Bluebook (online)

38 A.D.3d 772, 830 N.Y.S.2d 913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chiang-v-county-of-nassau-nyappdiv-2007.