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Matter of Ressa v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 534 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the Supreme Court, Nassau County (Adams, J.).


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The Nassau County Civil Service Commission is afforded wide discretion in determining the fitness of candidates for appointment. Such discretion is particularly necessary in hiring police officers, to whom higher standards of fitness and character may be applied (see, Matter of Havern v. Senko, 210 A.D.2d 480). This Court will not interfere with the discretion of the Nassau County Civil Service Commission in determining the qualifications of candidates for police officer unless the decision is irrational and arbitrary so as to warrant judicial intervention (see, Matter of Havern v. Senko, supra; Matter of Shedlock v. Connelie, 66 A.D.2d 433, affd 48 N.Y.2d 943; Matter of Metzger v. Nassau County Civ. Serv. Commn., 54 A.D.2d 565). The petitioner's failure to pass the physical fitness screening test supports the determination of the Nassau County Civil Service Commission in this case. Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Matter of Ressa v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 534 (N.Y. App. Div. 1996)
Case details for

Matter of Ressa v. County of Nassau

Case Details

Full title:In the Matter of FRANK RESSA, Respondent, v. COUNTY OF NASSAU et al.…

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

Date published: Feb 13, 1996

Citations

224 A.D.2d 534 (N.Y. App. Div. 1996)
638 N.Y.S.2d 158

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