City of New York v. New York City Civil Service Commission

Appellate Division of the Supreme Court of New York

City of New York v. New York City Civil Service Commission

12 A.D.3d 172, 783 N.Y.S.2d 463, 2004 N.Y. App. Div. LEXIS 13067

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

DecidedNovember 4, 2004

StatusPublished

This text of 12 A.D.3d 172 (City of New York v. New York City Civil Service Commission) 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.

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City of New York v. New York City Civil Service Commission, 12 A.D.3d 172, 783 N.Y.S.2d 463, 2004 N.Y. App. Div. LEXIS 13067 (N.Y. Ct. App. 2004).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Michael D. Stallman, J.), entered August 6, 2003, which denied the petition brought pursuant to CPLR article 78 seeking to vacate the decision of respondent Commission, which had reversed the determination of petitioner Department of Citywide Administrative Services (DCAS) and pronounced respondent Waitkus medically qualified for the position of firefighter, unanimously affirmed, without costs.

Based on the credible evidence presented, respondent Commission rationally concluded that respondent Waitkus was qualified to be a firefighter despite a previous injury. The Commission had the power to hear and decide the appeal from the DCAS determination of ineligibility (NY City Charter § 813 [d]; § 814 [b] [5]; § 815 [a] [5]; see Matter of Carozza v City of New York, 10 AD3d 488 [2004]). Concur—Mazzarelli, J.P., Williams, Friedman, Gonzalez and Catterson, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Michael D. Stallman, J.), entered August 6, 2003, which denied the petition brought pursuant to CPLR article 78 seeking to vacate the decision of respondent Commission, which had reversed the determination of petitioner Department of Citywide Administrative Services (DCAS) and pronounced respondent Waitkus medically qualified for the position of firefighter, unanimously affirmed, without costs.

Based on the credible evidence presented, respondent Commission rationally concluded that respondent Waitkus was qualified to be a firefighter despite a previous injury. The Commission had the power to hear and decide the appeal from the DCAS determination of ineligibility (NY City Charter § 813 [d]; § 814 [b] [5]; § 815 [a] [5]; see Matter of Carozza v City of New York, 10 AD3d 488 [2004]). Concur—Mazzarelli, J.P., Williams, Friedman, Gonzalez and Catterson, JJ.

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Bluebook (online)

12 A.D.3d 172, 783 N.Y.S.2d 463, 2004 N.Y. App. Div. LEXIS 13067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-new-york-city-civil-service-commission-nyappdiv-2004.

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