McCoy v. Leonard

Appellate Division of the Supreme Court of New York

McCoy v. Leonard

140 A.D.2d 525, 528 N.Y.S.2d 418, 1988 N.Y. App. Div. LEXIS 5412

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

DecidedMay 16, 1988

StatusPublished

Cited by2 cases

This text of 140 A.D.2d 525 (McCoy v. Leonard) 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

McCoy v. Leonard, 140 A.D.2d 525, 528 N.Y.S.2d 418, 1988 N.Y. App. Div. LEXIS 5412 (N.Y. Ct. App. 1988).

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Opinion

We are cognizant of the fact that the petitioner has just recently attained the age of 29 years and would, accordingly, no longer be eligible for consideration for employment as a Nassau County police officer pursuant to the maximum age requirements established by the county (see, Civil Service Law § 54; Nassau County civil service examination announcement issued Aug. 3, 1983). We are, however, unpersuaded by the appellants’ assertion that the petitioner’s eligibility terminated, since, had the petitioner not been arbitrarily disqualified from consideration by the appellants, thereby necessitating the institution of this proceeding, this situation would not have arisen. In short, the enforcement of the age requirement would be entirely unreasonable under the circumstances (cf., [526]*526Matter of Faraguna v Nassau County Civ. Serv. Commn., 140 AD2d 341). Thompson, J. P., Brown, Weinstein and Balletta, JJ., concur.

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We are cognizant of the fact that the petitioner has just recently attained the age of 29 years and would, accordingly, no longer be eligible for consideration for employment as a Nassau County police officer pursuant to the maximum age requirements established by the county (see, Civil Service Law § 54; Nassau County civil service examination announcement issued Aug. 3, 1983). We are, however, unpersuaded by the appellants’ assertion that the petitioner’s eligibility terminated, since, had the petitioner not been arbitrarily disqualified from consideration by the appellants, thereby necessitating the institution of this proceeding, this situation would not have arisen. In short, the enforcement of the age requirement would be entirely unreasonable under the circumstances (cf., [526]*526Matter of Faraguna v Nassau County Civ. Serv. Commn., 140 AD2d 341). Thompson, J. P., Brown, Weinstein and Balletta, JJ., concur.

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Bluebook (online)

140 A.D.2d 525, 528 N.Y.S.2d 418, 1988 N.Y. App. Div. LEXIS 5412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccoy-v-leonard-nyappdiv-1988.

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