Opinion
2012-01-10
In the Matter of Joseph ROGAN, appellant, v. NASSAU COUNTY CIVIL SERVICE COMMISSION, et al., respondents.
Law Offices of Wayne J. Schaefer, LLC, Smithtown, N.Y., for appellant. John Ciampoli, County Attorney, Mineola, N.Y. (Nazneen Malik of counsel), for respondents.
Law Offices of Wayne J. Schaefer, LLC, Smithtown, N.Y., for appellant. John Ciampoli, County Attorney, Mineola, N.Y. (Nazneen Malik of counsel), for respondents.
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Nassau County Civil Service Commission dated January 12, 2010, which, upon reconsideration, adhered to an original determination dated September 15, 2009, disqualifying the petitioner from Police Officer Examination No. 7000 for failing to attain a passing score on the physical fitness screening test, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCarty III, J.), entered May 4, 2010, which denied the petition and dismissed the proceeding.
ORDERED that the judgment is affirmed, with costs.
An appointing authority has wide discretion in determining the fitness of candidates ( see Matter of Rodriguez v. County of Nassau, 80 A.D.3d 702, 703, 915 N.Y.S.2d 159; Matter of Mullen v. County of Suffolk, 43 A.D.3d 934, 935, 841 N.Y.S.2d 648; Matter of Villone v. Nassau County Civ. Serv. Commn., 16 A.D.3d 591, 592, 792 N.Y.S.2d 136; Matter of Verme v. Suffolk County Dept. of Civ. Serv., 5 A.D.3d 498, 773 N.Y.S.2d 106; Matter of Ressa v. County of Nassau, 224 A.D.2d 534, 638 N.Y.S.2d 158; Matter of Havern v. Senko, 210 A.D.2d 480, 481, 620 N.Y.S.2d 470). This discretion is particularly broad in the hiring of law enforcement officers, to whom high standards may be applied ( see Matter of Mullen v. County of Suffolk, 43 A.D.3d at 935, 841 N.Y.S.2d 648; Matter of Little v. County of Westchester, 36 A.D.3d 616, 617, 827 N.Y.S.2d 288; Matter of Thomas v. Straub, 29 A.D.3d 595, 596, 818 N.Y.S.2d 90; Matter of Stephens v. Suffolk County Dept. of Civ. Serv., 15 A.D.3d 589, 590, 789 N.Y.S.2d 740; Matter of Winnegar v. County of Suffolk, 13 A.D.3d 382, 785 N.Y.S.2d 524; Matter of Verme v. Suffolk County Dept. of Civ. Serv., 5 A.D.3d 498, 773 N.Y.S.2d 106; Matter of Mark v. Schneider, 305 A.D.2d 685, 686, 759 N.Y.S.2d 884; Matter of Needleman v. County of Rockland, 270 A.D.2d 423, 424, 704 N.Y.S.2d 887; Matter of Ressa v. County of Nassau, 224 A.D.2d 534, 638 N.Y.S.2d 158; Matter of Havern v. Senko, 210 A.D.2d at 481, 620 N.Y.S.2d 470). This Court may not substitute its judgment for that of the agency responsible for making the determination and, as long as the administrative determination is not irrational or arbitrary and capricious, we may not annul it ( see CPLR 7803[3]; Flacke v. Onondaga Landfill Sys., 69 N.Y.2d 355, 363, 514 N.Y.S.2d 689, 507 N.E.2d 282; Matter of Warder v. Board of Regents of Univ. of State of N.Y., 53 N.Y.2d 186, 194, 440 N.Y.S.2d 875, 423 N.E.2d 352, cert. denied 454 U.S. 1125, 102 S.Ct. 974, 71 L.Ed.2d 112; Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale and Mamaroneck, Westchester County, 34 N.Y.2d 222, 232, 356 N.Y.S.2d 833, 313 N.E.2d 321).
Contrary to the petitioner's contention, the respondents did not act irrationally or arbitrarily and capriciously in relying upon a proctor's assessment that the petitioner failed to complete the number of sit-ups required to pass the physical fitness screening test promulgated by the Municipal Police Training Council ( see 9 NYCRR 6000.8; cf. Matter of Needleman v. County of Rockland, 270 A.D.2d at 424, 704 N.Y.S.2d 887). The petitioner's failure to pass the physical fitness screening test supports the determination of the Nassau County Civil Service Commission in this case.
Contrary to the petitioner's further contention, the Supreme Court correctly determined that no trial was necessary pursuant to CPLR 7804(h), as there were no disputed facts that needed to be tried in order for the Supreme Court to determine whether the underlying administrative determination was irrational or arbitrary and capricious ( cf. CPLR 7804[h] ).