COURT DEFERRED TO CIVIL SERVICE COMMISSION’S EXPERTS
After passing the Nassau County Police Officer Examination, A.B. was given a “conditional” employment offer, subject to the completion of physical and psychological screenings.
After he was found “unqualified” by a staff psychiatrist, A.B. was denied employment. When he challenged that determination, via administrative appeals, the Nassau County Civil Service Commission adhered to its original determination (that A.B. was ineligible to serve).
When a special proceeding was filed with the Nassau County Supreme Court – via CPLR Article 78 – the court dismissed A.B.’s petition, and an appeal followed.
The Appellate Division, Second Department, observed that in addition to the eligibility list having expired, and that A.B. was longer legally entitled to selection, the agency had “wide discretion” to assess the “fitness of candidates.” As long as the Commission’s determination wasn’t “arbitrary and capricious,” courts will “not interfere” with its findings, even if the conclusions were at odds with those of the opposing party's experts.
Since the agency could rightfully rely on its internal analysis of A.B.’s suitability to be an officer, the AD2 felt that his special proceeding had been properly denied.
Talk about psychological warfare ….
# # #
DECISION