MATTER OF LEONARDO v. CIVIL SERV. COMM'N & OFFICE OF PERS. OF THE COUNTY OF MONROE


34 N.Y.2d 760 (1974)

In the Matter of Vincent J. Leonardo, Respondent, v. Civil Service Commission and Office of Personnel of the County of Monroe et al., Appellants.

Court of Appeals of the State of New York.

Decided June 5, 1974.


Attorney(s) appearing for the Case

William J. Stevens, County Attorney (Michael K. Consedine of counsel), for appellants.

Louis N. Kash for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.


MEMORANDUM.

The order appealed from should be affirmed, without costs. The fraudulent denial of arrests in the petitioner's application for employment may have constituted a valid ground for denial of employment and therefore for dismissal following a reasonable opportunity for discovery. After the passage of an extended period of time, however, in this instance five years, the ground loses its force. It is immaterial whether...

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