Johnson v. Klein

Appellate Division of the Supreme Court of New York

Johnson v. Klein

52 A.D.2d 879, 383 N.Y.S.2d 55, 1976 N.Y. App. Div. LEXIS 12719

Appellate Division of the Supreme Court of the State of New York·Decided May 10, 1976·Published

Opinion

In a proceeding pursuant to CPLR article 78 inter alia to review a determination of the Suffolk County Civil Service Commission to eliminate height and weight requirements for the position of police officer, in which proceeding respondents cross-moved to dismiss the petition, petitioner appeals from a judgment of the Supreme Court, Suffolk County, entered August 7, 1975, which granted the cross motion. Judgment affirmed, with $50 costs and disbursements. In our opinion there was no evidence in the [880] record on this appeal to support petitioner’s claim that the elimination of height and weight requirements for the position of Suffolk County police officer was based upon an error of law, was arbitrary and capricious, or was an abuse of discretion. Cohalan, Acting P. J., Hargett, Damiani, Rabin and Shapiro, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 78 inter alia to review a determination of the Suffolk County Civil Service Commission to eliminate height and weight requirements for the position of police officer, in which proceeding respondents cross-moved to dismiss the petition, petitioner appeals from a judgment of the Supreme Court, Suffolk County, entered August 7, 1975, which granted the cross motion. Judgment affirmed, with $50 costs and disbursements. In our opinion there was no evidence in the [880] record on this appeal to support petitioner’s claim that the elimination of height and weight requirements for the position of Suffolk County police officer was based upon an error of law, was arbitrary and capricious, or was an abuse of discretion. Cohalan, Acting P. J., Hargett, Damiani, Rabin and Shapiro, JJ., concur.

Johnson v. Klein, 52 A.D.2d 879, 383 N.Y.S.2d 55, 1976 N.Y. App. Div. LEXIS 12719 (N.Y. Ct. App. 1976).

Pincite

52 A.D.2d 879 (Johnson v. Klein) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.