MATTER OF WATERHOUSE v. WESTCHESTER COUNTY DEPT. OF HUMAN RESOURCES


65 A.D.3d 1254 (2009)

In the Matter of JAMES WATERHOUSE, Respondent, v. WESTCHESTER COUNTY DEPARTMENT OF HUMAN RESOURCES et al., Appellants.

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

Decided September 22, 2009.


Ordered that the order is reversed, on the law, without costs or disbursements, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

In November 2007 the petitioner, an applicant for a position as a police officer, took a physical agility test required for placement as a police officer in the County of Westchester. The petitioner failed to complete the required elements of the test. He sought to retake the test and...

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