Summary
finding that applicant was medically unqualified because of evidence he had a shoulder susceptible to dislocation upheld as not arbitrary and capricious
Summary of this case from Gallo v. Cnty. of SuffolkOpinion
October 12, 1993
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the judgment is affirmed, with costs.
In light of the conflicting medical opinions, the respondent's determination to medically disqualify the petitioner from the position of police officer was neither arbitrary nor capricious (see, CPLR 7803; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231; Matter of Albury v. New York City Civ. Serv. Commn., 32 A.D.2d 895, affd 27 N.Y.2d 694). In addition, the Supreme Court properly concluded that the respondent did not discriminate against the petitioner (see, Executive Law § 296), since the evidence indicated that the petitioner's condition at the time of his examination rendered his shoulder susceptible to dislocation (cf., Matter of State Div. of Human Rights [Granelle], 70 N.Y.2d 100, 106).
In light of the foregoing, we need not address the petitioner's remaining contentions. Bracken, J.P., Balletta, Eiber and Copertino, JJ., concur.