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FERRANTE v. NIAGARA COUNTY

142 Misc.2d 730 (1989)

Leo Ferrante, III, Petitioner, v. Niagara County et al., Respondents.

Supreme Court, Niagara County.

February 21, 1989

Attorney(s) appearing for the Case

Munley & Funda (Michael L. Munley of counsel), for petitioner. Glenn S. Hackett for County of Niagara, respondent. Carl E. Mooradian, Corporation Counsel, for City of Niagara Falls, respondent.

JOSEPH J. SEDITA, J.

At issue in this CPLR article 78 proceeding is whether or not the respondents have treated this petitioner arbitrarily.

The petitioner is an applicant for a position on the Niagara Falls Police Department. He passed all the written exams but was unable to pass that part of the physical exam which required applicants to run a 1½-mile course in 12 minutes or less. Petitioner's time was slightly over the 12-minute limit...

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