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Matter of Carchietta v. Dept. of Personnel

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1991
172 A.D.2d 304 (N.Y. App. Div. 1991)

Opinion

April 16, 1991

Appeal from the Supreme Court, New York County (David Saxe, J.).


After having successfully competed in Civil Service Examination No. 1175 for appointment to a position as a police officer, petitioner's name was removed from the eligible list upon the Department of Personnel's investigative findings and determination that petitioner was "not qualified" on the basis of "character". Since the petitioner commenced his article 78 proceeding after the expiration of the eligible list and did not challenge the validity of the list in his petition, the relief requested therein could not be granted and dismissal of the petition for these reasons was warranted. (See, Matter of Deas v Levitt, 73 N.Y.2d 525, cert denied 493 U.S. 933.)

In any event, the petition, which challenges as arbitrary and capricious respondent's determination disqualifying petitioner on the basis of "character", is without merit. Petitioner has failed to present evidentiary facts from which an inference of bad faith, illegality or arbitrary and capricious conduct can be drawn (Matter of Stanziale v. Executive Dept., Off. of Gen. Servs., 55 N.Y.2d 735). Indeed, the record supports the Civil Service Commission's exercise of its broad discretion (see generally, Matter of Metzger v. Nassau County Civ. Serv. Commn., 54 A.D.2d 565). The investigation revealed that petitioner, as a youth, had once been arrested for his participation in the transfer of a forged prescription for illicit drugs and that the explanation of his involvement in the incident was questionable.

Concur — Sullivan, J.P., Rosenberger, Kupferman, Asch and Kassal, JJ.


Summaries of

Matter of Carchietta v. Dept. of Personnel

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1991
172 A.D.2d 304 (N.Y. App. Div. 1991)
Case details for

Matter of Carchietta v. Dept. of Personnel

Case Details

Full title:In the Matter of KENNETH CARCHIETTA, Appellant, v. DEPARTMENT OF PERSONNEL…

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

Date published: Apr 16, 1991

Citations

172 A.D.2d 304 (N.Y. App. Div. 1991)

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