MATTER OF KELLY v. SUFFOLK COUNTY DEPARTMENT OF CIVIL SERVICE/HUMAN RESOURCES


301 A.D.2d 525 (2003)

753 N.Y.S.2d 733

In the Matter of CHRISTOPHER M. KELLY, Appellant, v. SUFFOLK COUNTY DEPARTMENT OF CIVIL SERVICE/HUMAN RESOURCES et al., Respondents.

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

Decided January 13, 2003.


Ordered that the judgment is affirmed, with costs.

The petitioner failed to present evidence in admissible form which demonstrated that the decision of the Suffolk County Department of Civil Service/Human Resources to disqualify him from consideration to become a police officer, based solely on his failure to pass a polygraph examination, was irrational or arbitrary (see CPLR 409; Matter of Needleman v County of Rockland, 270 A.D.2d...

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