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Matter of Kornfeld v. Nassau Cty. Civil Serv

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1988
138 A.D.2d 710 (N.Y. App. Div. 1988)

Opinion

March 28, 1988

Appeal from the Supreme Court, Nassau County (Morrison, J.).


Ordered that the judgment is affirmed, with costs.

The respondents' determination was based upon the recommendation of their designated medical officer (see, Civil Service Law § 50) that the petitioner should be medically disqualified from consideration for the position of Nassau County police officer. This recommendation was based on the abnormal configurations of the two electrocardiograms administered to the petitioner, which, the county physician explained, indicate that "when [the petitioner is] exposed to stressful conditions * * * tragic consequences [may result] for either the applicant, his co-workers, or civilians relying upon that applicant in a life and death situation". This determination was neither arbitrary nor capricious (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231). The petitioner's physician's opinion to the contrary is not controlling (see, Matter of Palozzolo v. Nadel, 83 A.D.2d 539, affd 55 N.Y.2d 984; Matter of Brussel v. LoGrande, 137 A.D.2d 686). Brown, J.P., Kunzeman, Kooper and Balletta, JJ., concur.


Summaries of

Matter of Kornfeld v. Nassau Cty. Civil Serv

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1988
138 A.D.2d 710 (N.Y. App. Div. 1988)
Case details for

Matter of Kornfeld v. Nassau Cty. Civil Serv

Case Details

Full title:In the Matter of HOWARD KORNFELD, Appellant, v. NASSAU COUNTY CIVIL…

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

Date published: Mar 28, 1988

Citations

138 A.D.2d 710 (N.Y. App. Div. 1988)