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IN THE MATTER OF CITY OF NEW YORK v. NEW YORK CITY CIVIL SERVICE COMMISSION

12 A.D.3d 172 (2004)

783 N.Y.S.2d 463

In the Matter of CITY OF NEW YORK et al., Appellants, v. NEW YORK CITY CIVIL SERVICE COMMISSION et al., Respondents.

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

November 4, 2004.

Based on the credible evidence presented, respondent Commission rationally concluded that respondent Waitkus was qualified to be a firefighter despite a previous injury. The Commission had the power to hear and decide the appeal from the DCAS determination of ineligibility (NY City Charter § 813 [d]; § 814 [b] [5]; § 815 [a] [5]; see Matter of Carozza v City of New York, 10 A.D.3d 488

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