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MTR OF SWIERUPSKI v. KORN

69 A.D.2d 632 (1979)

In the Matter of William Swierupski, Appellant, v. Gabriel S. Korn, as One of the Commissioners of The Nassau County Civil Service Commission, et al., Respondents

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

July 30, 1979

Attorney(s) appearing for the Case

Westfal & Kiernan (Gary F. Westfal of counsel), for appellant.

Robert Abrams, Attorney-General (Gale D. Berg and George D. Zuckerman of counsel), for Frank J. Rodgers, Commissioner of Division of Criminal Justice Services, and others, respondents.

Edward G. McCabe, County Attorney (Robert O. Boyhan of counsel), for Gabriel S. Korn, as one of Commissioners of Nassau County Civil Service Commission, and others, respondents.

DAMIANI, J. P., concurs with SHAPIRO, J.; SUOZZI, J., concurs in the result, in an opinion; COHALAN, J., concurs in part and dissents in part, in an opinion in which TITONE, J., concurs.

SHAPIRO, J.

Petitioner instituted this CPLR article 78 proceeding, inter alia, for a judgment directing that he be returned to his position on the eligibility list for police officer (he had been removed from the list because the respondent Nassau County Civil Service Commission [the commission] determined that he failed to medically qualify as a police officer because of defective color vision), and to...

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