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MATTER OF PEREZ v. NEW YORK CITY CIV. SERV. COMMN.

Index No. 150665/17. Appeal No. 15073. Case No. 2020-03504.

201 A.D.3d 531 (2022)

157 N.Y.S.3d 372

2022 NY Slip Op 00288

In the Matter of Gil V. Perez, Appellant, v. New York City Civil Service Commission et al., Respondents, and Zachary Carter, as Counsel to the City of New York, Respondent.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

Bergstein & Ullrich, New Paltz ( Stephen Bergstein of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Claibourne Henry of counsel), for respondent.

Concur— Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.

Petitioner failed to establish that the Commission's determination to uphold DCAS's decision to disqualify him and terminate his employment from his position as a stationary engineer lacks a rational basis or is arbitrary and capricious (see Matter of Martin v Marchiselli, 262 A.D.2d 171 [1st Dept 1999]). DCAS rationally determined that petitioner committed fraud in his employment application by providing answers to questions under...

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