Conlon v. Commissioner of Civil Service of County of Suffolk
| Decision Date | 25 March 1996 |
| Citation | 225 A.D.2d 766,640 N.Y.S.2d 145 |
| Court | New York Supreme Court — Appellate Division |
| Parties | In the Matter of Michael F.X. CONLON, Respondent, v. COMMISSIONER OF CIVIL SERVICE OF the COUNTY OF SUFFOLK, et al., Appellants. |
Robert J. Cimino, County Attorney, Hauppauge (Christopher A. Nicolino, of counsel), for appellants Commissioner of Civil Service of the County of Suffolk, David L. Marasciullo, and Sharon McNicol.
Perini & Hoerger, Hauppauge (Maureen S. Hoerger, of counsel), for respondent.
Proskauer, Rose, Goetz & Mendelsohn, LLP, New York City (Edward Brodsky and John Siegal, of counsel), Mary Hibberd, M.D., Commissioner of Health Services, County of Suffolk, amicus curiae.
Before MILLER, J.P., and HART, FRIEDMANN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of Civil Service of the County of Suffolk, dated January 24, 1994, finding that the petitioner was unqualified to serve as a District Attorney Investigator, the appeal is from a judgment of the Supreme Court, Suffolk County (Doyle, J.), dated December 12, 1994, which granted the petition and restored the petitioner to the eligibility list for that position.
ORDERED that the appeal of Mary Hibberd, M.D., Commissioner of Health Services, County of Suffolk, is dismissed, without costs or disbursements, as she is not aggrieved by the judgment appealed from (see, CPLR § 5511); and it is further,
ORDERED that the judgment is reversed, on the law, without costs or disbursements, the determination is confirmed, and the proceeding is dismissed on the merits.
It is well settled that the standard of review of an administrative determination is whether there is a rational basis to support the determination (see, Matter of Pell v. Bd. of Educ., 34 N.Y.2d 222, 231, 356 N.Y.S.2d 833, 313 N.E.2d 321; Colton v. Berman, 21 N.Y.2d 322, 287 N.Y.S.2d 647, 234 N.E.2d 679). In determining the fitness of candidates for appointment, the Suffolk County Civil Service Commission is afforded wide discretion (see, Havern v. Senko, 210 A.D.2d 480, 620 N.Y.S.2d 470; Matter of Metzger v. Nassau County Civ. Serv. Commn., 54 A.D.2d 565, 386 N.Y.S.2d 890). Such discretion is particularly wide in the hiring of law enforcement officers, to whom high standards may be applied (see, Havern v. Senko, supra). As long as the administrative determination is not irrational and arbitrary, this court will not interfere with that determination (see, Choset v. Nassau County Civ. Serv. Commn., 199 A.D.2d 264, ...
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