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Matter of Martin v. Marchiselli

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 1999
262 A.D.2d 171 (N.Y. App. Div. 1999)

Opinion

June 17, 1999.

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).


The determination affirming the petitioner's termination from his position as a police officer was not arbitrary and capricious, or an abuse of respondent Civil Service Commission's broad discretion to determine the fitness of candidates for civil service employment ( see, Civil Service Law § 50 Civ. Serv. [4]; Matter of Metzger v. Nassau County Civ. Serv. Commn., 54 A.D.2d 565). Petitioner's termination was based upon undisputed evidence, obtained pursuant to an investigation following petitioner's appointment, that petitioner had committed fraud on his employment application to conceal his fraudulent use of a Social Security number not his own to obtain a second New York State driver's license after his first license had been revoked. This evidence warranted his retroactive disqualification for employment as a New York City police officer on grounds of both fraud and unsatisfactory character ( see, supra).

Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.


Summaries of

Matter of Martin v. Marchiselli

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 1999
262 A.D.2d 171 (N.Y. App. Div. 1999)
Case details for

Matter of Martin v. Marchiselli

Case Details

Full title:In the Matter of KEVIN A. MARTIN, Appellant, v. VINCENT A. MARCHISELLI, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 17, 1999

Citations

262 A.D.2d 171 (N.Y. App. Div. 1999)
691 N.Y.S.2d 528

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