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MATTER OF SILBERT v. JACKSON

228 A.D.2d 198 (1996)

643 N.Y.S.2d 554

In the Matter of Leo Silbert, Appellant, v. Bernard Jackson, as Chairman of The New York City Civil Service Commission, et al., Respondents

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

June 6, 1996

The decision to disqualify for appointment was neither arbitrary and capricious nor unlawfully discriminatory. Given medical opinion that petitioner's particular condition placed him "most at risk", that the condition would affect his performance, as well as increase the likelihood that he would eventually become disabled, the determination had a rational basis (see, Matter of Palozzolo v Nadel, 83...

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