Berni v. Leonard

• Decision Date: 07 June 1973
• Citation: 300 N.E.2d 731,347 N.Y.S.2d 198,32 N.Y.2d 933
• Parties: , 300 N.E.2d 731, 6 Fair Empl.Prac.Cas. (BNA) 938, 6 Empl. Prac. Dec. P 8801 In the Matter of Diane BERNI et al., Appellants, v. Adele LEONARD, as Executive Directrix of the Nassau County Civil Service Commission, et al., Respondents.
• Court: New York Court of Appeals Court of Appeals

Page 198

347 N.Y.S.2d 198

32 N.Y.2d 933, 300 N.E.2d 731, 6 Fair

Empl.Prac.Cas. (BNA) 938,

6 Empl. Prac. Dec. P 8801

In the Matter of Diane BERNI et al., Appellants, v. Adele LEONARD, as Executive Directrix of the Nassau County Civil Service Commission, et al., Respondents.

Court of Appeals of New York.

June 7, 1973.

Richard Hartman, Mineola, for appellant.

Joseph Jaspan, County Atty. (Biagio F. Giaquinto and Natale C. Tedone, Mineola, of counsel), for respondents.

MEMORANDUM.

The prescription by the Civil Service Commission of minimum requirements for the Police Sergeant examination to include four years' experience as a police patrolman is not per se unreasonable, and bears a sufficient relationship to and nexus with the position to be filled, upon the facts in this case. (Cf. Matter of Wirzberger v. Watson, 305 N.Y. 507, 513, 114 N.E.2d 15, 17.) The record does not sustain a claim, and indeed none is here made, that women are denied the opportunity to become patrolmen. Petitioners have not, therefore, successfully attacked this initial classification as a discriminatory act.

BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER, JJ., concur.

FULD, C.J., dissents and votes to reverse and grant the application of petitioners on the dissenting opinion at the Appellate Division.

Order, 40 A.D.2d 701, 336 N.Y.S.2d 620 affirmed, without costs, in a memorandum.