Opinion
November 15, 1995
Appeal from the Supreme Court, Monroe County, Ark, J.
Present — Denman, P.J., Green, Fallon, Doerr and Balio, JJ.
Order and judgment unanimously affirmed without costs. Memorandum: Summary judgment was properly granted to defendants dismissing the complaint. Defendants demonstrated that plaintiff's application for the position of Monroe County Deputy Sheriff Jailer was rejected because plaintiff has a hearing loss in her right ear of more than 70 decibels, which exceeds the standards for hearing acuity set by the Municipal Police Training Council (MPTC). The hearing acuity standards promulgated by the MPTC (see, 9 NYCRR 6000.3 [e]) are neither arbitrary nor capricious and bear a rational relationship to the duties that persons in the law enforcement field are required to perform (see, McCarthy v Nassau County, 208 A.D.2d 810, 811; Matter of Rice v Schuyler County Civ. Serv. Commn., 183 A.D.2d 974, lv denied 80 N.Y.2d 760; Pascal v County of Orange, 104 A.D.2d 865).