Burchetta v. County of Westchester

In a proceeding pursuant to CPLR article 78 to review a determination of the Department of Human Resources of the County of Westchester dated October 17, 2003, that the petitioner did not pass a physical agility test required for placement on the eligibility list of the Westchester County Police Department, the appeal is from a judgment of the Supreme Court, Westchester County (Lange, J.), dated April 21, 2004, which granted the petition and afforded the petitioner another opportunity to perform a physical agility test.

Ordered that the judgment is reversed, on the law, with costs, the…