Rogers v. New York State Department of Civil Service

Appellate Division of the Supreme Court of New York

Rogers v. New York State Department of Civil Service

70 A.D.2d 596, 416 N.Y.S.2d 521, 1979 N.Y. App. Div. LEXIS 12011

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

DecidedMay 7, 1979

StatusPublished

Cited by1 cases

This text of 70 A.D.2d 596 (Rogers v. New York State Department of Civil Service) 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

Rogers v. New York State Department of Civil Service, 70 A.D.2d 596, 416 N.Y.S.2d 521, 1979 N.Y. App. Div. LEXIS 12011 (N.Y. Ct. App. 1979).

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Opinion

— In a proceeding pursuant to CPLR article 78, inter alia, to review a determination denying petitioner’s application for a makeup examination for promotion to police sergeant, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated April 19, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. Petitioner’s papers do not contain any competent evidence documenting the medical incapacity conclusorily alleged in the petition and do not show that the administrative determination under review was contrary to law, arbitrary or capricious (cf. Matter of Maycock v New York State Dept, of Civ. Service, Supreme Ct, Nassau [597]*597County, Nov. 30, 1976, Index No. 13436/76, Altimari, J.). Mollen, P. J., Damiani, O’Connor and Rabin, JJ., concur.

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— In a proceeding pursuant to CPLR article 78, inter alia, to review a determination denying petitioner’s application for a makeup examination for promotion to police sergeant, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated April 19, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. Petitioner’s papers do not contain any competent evidence documenting the medical incapacity conclusorily alleged in the petition and do not show that the administrative determination under review was contrary to law, arbitrary or capricious (cf. Matter of Maycock v New York State Dept, of Civ. Service, Supreme Ct, Nassau [597]*597County, Nov. 30, 1976, Index No. 13436/76, Altimari, J.). Mollen, P. J., Damiani, O’Connor and Rabin, JJ., concur.

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Bluebook (online)

70 A.D.2d 596, 416 N.Y.S.2d 521, 1979 N.Y. App. Div. LEXIS 12011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-new-york-state-department-of-civil-service-nyappdiv-1979.

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