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Matter of Kulesa v. Office of Court Admin

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 927 (N.Y. App. Div. 1994)

Opinion

October 31, 1994

Appeal from the Supreme Court, Suffolk County (Cohalan, J.).


Ordered that the judgment is reversed, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, the petition is denied and the proceeding is dismissed.

In order to be eligible for promotion to the position of senior data entry supervisor, a candidate must pass an examination; have one year of permanent, competitive class service in the title of data entry supervisor or two years of permanent, competitive class service in certain enumerated titles; and one year of experience in any title in the Unified Court System managing data entry operations. The petitioner commenced this proceeding to challenge the procedure by which the Office of Court Administration determines whether a candidate satisfies the requirement of one year of experience managing data entry operations. The Supreme Court found that the Office of Court Administration's procedure of accepting a letter from a candidate's supervisor stating that the candidate has the requisite one year of experience is arbitrary, capricious, and an abuse of discretion.

It is the function of a civil service commission to fix fair and reasonable standards for testing the qualifications of applicants for promotion (see, Matter of Weitzenberg v. Nassau County Civ. Serv. Commn., 172 A.D.2d 613, 614). This Court will not interfere with the commission's discretion in determining the qualifications of candidates unless the commission's determination is so irrational and arbitrary that it warrants judicial intervention (see, Matter of Weitzenberg v. Nassau County Civ. Serv. Commn., supra). Here, the Office of Court Administration's determination to accept a letter from a candidate's supervisor stating that the candidate satisfies the requirement of one year of experience managing data entry operations is not arbitrary, capricious, or an abuse of discretion (see, CPLR 7803). Santucci, J.P., Joy, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Kulesa v. Office of Court Admin

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 927 (N.Y. App. Div. 1994)
Case details for

Matter of Kulesa v. Office of Court Admin

Case Details

Full title:In the Matter of JULIANA KULESA, Respondent, v. OFFICE OF COURT…

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

Date published: Oct 31, 1994

Citations

208 A.D.2d 927 (N.Y. App. Div. 1994)
617 N.Y.S.2d 537

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