Mallia v. Connelie

Appeal by permission from an order of the Supreme Court at Special Term, entered December 18, 1979 in Albany County, in a proceeding pursuant to CPLR article 78, which transferred the matter to a Trial Term of said court for the resolution of factual issues. Petitioner was removed from the list of *1031those eligible for appointment to the State Police following an examination into her background. Such action may be taken by respondent without a prior administrative hearing, and the sole issue available for judicial review is whether the decision is arbitrary, capricious or an abuse of his…