MATTER OF PAGEAU v. TOLBERT


304 A.D.2d 1067 (2003)

758 N.Y.S.2d 712

In the Matter of DONALD PAGEAU, Petitioner, v. EVONNE W. JENNINGS TOLBERT, as Commissioner of Human Rights, et al., Respondents.

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

Decided April 24, 2003.


Kane, J.

In 1987, petitioner passed the civil service examination for the position of correction officer with respondent Department of Correctional Services (hereinafter DOCS). As part of the qualifying process, he underwent a medical examination conducted by a physician employed by respondent Department of Civil Service. The physician noted a childhood shoulder injury and consequent fusion surgery, which petitioner admitted prevented him from raising his right arm...

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