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

12 A.D.3d 304 (2004)

784 N.Y.S.2d 860

In the Matter of ANTHONY BLOUNT, Appellant, 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 23, 2004.

The Commission's determination is not judicially reviewable in the absence of allegations implicating a constitutional right, or sufficient to show that the Commission acted illegally, unconstitutionally or in excess of its jurisdiction (Matter of New York City Dept. of Envtl. Protection v New York City Civ. Serv. Commn., 78 N.Y.2d 318, 323-324 [1991]). In any event, the penalty of dismissal does not shock our sense of fairness ...

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