Palozzolo v. Nadel

Judgment, Supreme Court, New York County (L. Cohen, J.), entered January 2,1981, which dismissed the petition, affirmed, without costs or disbursements. Petitioner was denied permanent appointment as a fireman because he had 35-40 degree scoliosis (curvature) of the spine. Subdivision 4 of section 50 of the Civil Service Law provides that an applicant may be denied certification if he “is found to have a physical or mental disability which renders him unfit for the performance of the duties of the position in which he seeks employment”. Petitioner was examined for the fire department by its…