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RICE v. CIV. SERV. COMMN.

137 A.D.2d 359 (1988)

In the Matter of William H. Rice, Respondent, v. Schuyler County Civil Service Commission et al., Respondents, and State of New York Department of Civil Service et al., Appellants

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

June 2, 1988

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for appellants.

Learned, Reilly & Learned (Thomas E. Reilly of counsel), for William H. Rice, respondent.

KANE, J. P., MIKOLL, HARVEY and MERCURE, JJ., concur.

YESAWICH, JR., J.

Following physical examinations required for qualification as a police officer (see, Civil Service Law § 58 [1] [c]; 9 NYCRR 6000.1 et seq.) with respondent Village of Watkins Glen in Schuyler County, petitioner was appointed to that position on August 8, 1985 despite a question apparently raised as to his hearing acuity. Subsequent testing by a certified audiologist revealed...

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