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MATTER OF SHERMAN v. LEONARD

197 A.D.2d 581 (1993)

602 N.Y.S.2d 652

In the Matter of Ernest D. Sherman, Appellant, v. Adele Leonard, Individually and as Executive Director of The Nassau County Civil Service Commission, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 12, 1993

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 [3]; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231; Matter of Albury v New York City Civ. Serv. Commn., ...

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