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Massaro v. Mercado

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 2000
276 A.D.2d 445 (N.Y. App. Div. 2000)

Opinion

October 31, 2000.

Judgment, Supreme Court, New York County (Lottie Wilkins, J.), entered July 15, 1999, inter alia, dismissing an article 78 proceeding challenging respondent's determination to dismiss, without a hearing, petitioner's administrative complaint charging the Police Department with disability discrimination in rejecting petitioner as a police officer, unanimously affirmed, without costs.

Pro Se, for petitioner-appellant.

Michael K. Swirsky, for defendant-respondent.

Before: Nardelli, J.P., Williams, Mazzarelli, Andrias, Saxe, JJ.


Respondent was not required to conduct a hearing simply because it had previously made a probable cause determination in petitioner's favor. On the basis of the administrative pleadings, there was simply no question that the Police Department's rejection of petitioner was based on a finding of psychological unsuitability that is not a disability within the meaning of the Human Rights Law (see, Executive Law § 292), and was not perceived as a disability by the Police Department (cf.,Daley v. Koch, 892 F.2d 212, 215-216). As respondent appropriately noted in its administrative decision, it cannot disturb a hiring decision absent a showing that the decision was influenced by unlawful discrimination. Nor should respondent be required to hold a hearing when it is clear that such a showing cannot be made.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Massaro v. Mercado

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 2000
276 A.D.2d 445 (N.Y. App. Div. 2000)
Case details for

Massaro v. Mercado

Case Details

Full title:LOUIS MASSARO, PETITIONER-APPELLANT, v. EDWARD MERCADO [SIC], COMMISSIONER…

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

Date published: Oct 31, 2000

Citations

276 A.D.2d 445 (N.Y. App. Div. 2000)
715 N.Y.S.2d 396

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