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

Appellate Division of the Supreme Court of the State of New York·Decided May 7, 1979·Published·Cited by 1 cases

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.

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).

Pincite

70 A.D.2d 596 (Rogers v. New York State Department of Civil Service) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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