Leonardo v. Civil Service Commission & Office of Personnel of Monroe

Memobasdum. The order appealed from should be affirmed, without costs. The fraudulent denial of arrests in the petitioner’s application for employment may have constituted a valid ground for denial of employment and therefore for dismissal following a reasonable opportunity for discovery. After the passage of an extended period of time, however, in this instance five years, the ground loses its force. It is immaterial whether one regards the basis for ignoring the original fraud as a waiver, estoppel, or laches. Beyond the reasonable time for discovery of the fraud, petitioner should not have…