Legal Opinion
City of New York v. New York City Civil Service Commission
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 2009PublishedCited by 2 opinions
1Opinion of the Court
In this CPLR article 78 proceeding (transferred to this Court by order of Supreme Court, New York County [Marylin G. Diamond, J.], entered February 27, 2008), petition unanimously granted, and decision of respondent Civil Service Commission (CSC), dated March 19, 2007, which reversed a determination by petitioner Police Department (NYPD) that had disqualified respondent Elias as medically unsuitable for the position of police officer, annulled, on the law, without costs, and the NYPD determination reinstated.
The CSC decision was arbitrary and capricious because it was irrational and…
2Cases cited4 opinions
- Verme v. Suffolk County Department of Civil ServiceAppellate Division of the Supreme Court of the State of New York · 2004
- Thomas v. StraubAppellate Division of the Supreme Court of the State of New York · 2006
- City of New York v. New York City Civil Service CommissionNew York Court of Appeals · 2006
- Valle v. BuscemiAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by2 opinions
- Matter of Graci v. PonteAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Kotowski v. Port Auth. of N.Y. & N.J.Appellate Division of the Supreme Court of the State of New York · 2019