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MATTER OF GAGLIANO v. NEW YORK CITY FIRE DEPT.

Index No. 161432/18. Appeal No. 13210. Case No. 2020-03629.

191 A.D.3d 598 (2021)

139 N.Y.S.3d 532

2021 NY Slip Op 01196

In the Matter of John P. Gagliano, Appellant, v. New York City Fire Department et al. Respondents.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Gordon, Gordon & Schnapp, P.C., New York ( Kenneth E. Gordon of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Susan Paulson of counsel), for respondents.

Concur— Acosta, P.J., Renwick, Singh, Mendez, JJ.

Respondents' determination was not arbitrary and capricious, or without a rational basis. The record demonstrates that petitioner had profound sensorineural hearing loss in his left ear, which, under the standards promulgated by the National Fire Protection Association (NFPA), was grounds to disqualify him from appointment to the position of firefighter (see Matter of Rivers v New York City Dept. of Sanitation, 49 A.D.3d 436 [1st...

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