Opinion
3179.
Decided March 23, 2004.
Judgment, Supreme Court, New York County (Richard Braun, J.), entered March 21, 2003, which denied petitioner's application to annul respondents' determination denying petitioner's request to retake a civil service examination, unanimously affirmed, without costs.
David Jalosky, for Petitioner-Appellant.
Cheryl Payer, for Respondents-Respondents.
Before: Nardelli, J.P., Mazzarelli, Saxe, Friedman, JJ.
No issues of fact exist as to whether petitioner complained about the lighting in the examination room on the day he took the examination, and, even if he did, that the alleged excessive glare caused him a disadvantage ( see Matter of Lawson v. Levitt, 211 A.D.2d 587).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.