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MATTER OF RIGIA v. KOEHLER

165 A.D.2d 525 (1991)

In the Matter of Robert Rigia, Respondent, v. Richard Koehler, as Commissioner, Department of Correction, City of New York, et al., Appellants

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

April 9, 1991

Attorney(s) appearing for the Case

John D. Patten for respondent.

Helena Lee of counsel (Kristin M. Helmers with her on the brief; Victor A. Kovner, Corporation Counsel, attorney), for appellants.

ELLERIN and KASSAL, JJ., concur with ROSS, J.; SULLIVAN, J. P., concurs in a separate opinion; CARRO, J., concurs in the result only in a separate opinion.

Ross, J.

On this appeal, the Department of Correction (Department) seeks to reinstate a determination, dated September 18, 1986, finding Mr. Robert Rigia medically not qualified for appointment as a Correction Officer due to "Hearing Loss — Both ears".

In 1982, Mr. Rigia took a civil service (CS) examination, exam No. 1027, for the position of Correction Officer in the Department, and placed number...

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