Meyers v. Wiener

Orders reversed and proeeeding dismissed on the merits, without costs. Memorandum: The petitioner succeeded in the court below on *990the theory that, while he has a third degree inguinal hernia and a mitral insufficiency and a first stage heart block, these conditions did not presently incapacitate him from discharging the duties of the position of laboratory assistant. Present ability to do the work is not the test. The commission has the right to look to the future and to require that a candidate for appointment in the public service shall be free from disabling physical defects. Written…