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MATTER OF HORN v. NEW YORK CITY CIVIL SERVICE COMMISSION

43 A.D.3d 760 (2007)

842 N.Y.S.2d 421

In the Matter of MARTIN HORN, as Commissioner of the New York City Department of Correction, Appellant, v. NEW YORK CITY CIVIL SERVICE COMMISSION, Respondent, and SHARHANN LANE, Respondent.

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

Decided September 25, 2007.

The court properly dismissed the petition. The determination of respondent New York City Civil Service Commission is subject to judicial review only if "the agency has 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 [1991]). Petitioner's arguments that the determination was against public policy and inconsistent...

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