Opinion
January 31, 1991
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
Respondent Commissioner of the Department of Environmental Protection directed petitioner to appear for a psychiatric examination on December 4, 1989, following several incidents of conflict between petitioner and his co-workers, and petitioner's attendant allegations of conspiracies against him. We have reviewed the record and find no basis for disturbing the decision of the Commissioner requiring petitioner to undergo medical evaluation to determine his fitness to perform as a civil engineer. Furthermore, we are in agreement with the IAS court that section 72 Civ. Serv. of the Civil Service Law nowhere requires that a medical examination be conducted in a single session. Thus, it was proper for the Commissioner to notice petitioner for a further session of the examination to conduct tests which were recommended based upon the initial examination.
Concur — Sullivan, J.P., Carro, Rosenberger, Ellerin and Kupferman, JJ.