IN THE MATTER OF ALTIERI v. CITY OF NEW YORK CIV. SERV. COMMN.


57 A.D.3d 248 (2008)

868 N.Y.S.2d 203

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

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

December 4, 2008.


The proceeding was properly dismissed for lack of allegations sufficient to show that petitioner's cardiac condition does not rationally support the disqualification. In arriving at their determinations, respondents were entitled to rely on the opinion of respondent Department of Sanitation's medical director that petitioner's appointment as a sanitation worker would put him at serious risk. The conflicting opinion of petitioner...

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