MATTER OF ROSSI v. SAFIR


232 A.D.2d 494 (1996)

648 N.Y.S.2d 337

In the Matter of Robin Rossi, Appellant, v. Howard Safir, as Fire Commissioner of The City of New York, Respondent

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

October 15, 1996


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly denied the petition, since the determination of the Fire Commissioner of the City of New York has a rational basis on the record and was not arbitrary or capricious (see, CPLR 7803 [3]; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230-231).

Moreover, contrary to the petitioner's contention, the respondent's determination not to...

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