Legal Opinion

McNamara v. County of Monroe

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1995Published

1Opinion of the Court

—Order and judgment unanimously affirmed without costs. Memorandum: Summary judgment was properly granted to defendants dismissing the complaint. Defendants demonstrated that plaintiffs application for the position of Monroe County Deputy Sheriff Jailer was rejected because plaintiff has a hearing loss in her right ear of more than 70 decibels, which exceeds the standards for hearing acuity set by the Municipal Police Training Council (MPTC). The hearing acuity standards promulgated by the MPTC (see, 9 NYCRR 6000.3 [e]) are neither arbitrary nor capricious and bear a rational relationship to…

2Cases cited3 opinions

  1. Pascal v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 1984
  2. McCarthy v. Nassau CountyAppellate Division of the Supreme Court of the State of New York · 1994
  3. Rice v. Schuyler County Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 1992

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