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FERRANTE v. NIAGARA COUNTY

158 A.D.2d 981 (1990)

Leo Ferrante, III, Respondent, v. Niagara County, Respondent, and City of Niagara Falls, Appellant

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

February 2, 1990

Judgment unanimously reversed on the law and facts without costs and petition dismissed.

Memorandum:

Petitioner was terminated as a provisional appointee of the Niagara Falls Police Department because he failed to meet minimum physical fitness requirements at the Niagara County Law Enforcement Academy, operated by respondent county, and thus was not certified by the Academy. He brought a CPLR article 78 petition against the city and county alleging that he...

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