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

61 A.D.3d 584 (2009)

877 N.Y.S.2d 322

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

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

Decided April 28, 2009.

The CSC decision was arbitrary and capricious because it was irrational and disregarded relevant facts (cf. Matter of Valle v Buscemi, 233 A.D.2d 334 [1996]). Specifically, CSC erroneously found that NYPD had no written standard on the condition of sleep apnea. Indeed, a written standard was given to CSC, stating that the disorder "can be detrimental to job performance when vigilance is necessary." There was substantial medical evidence...

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