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Curcio v. Nassau County Civil Service Commission
Citations: 220 A.D.2d 412; 631 N.Y.S.2d 881
Court: Appellate Division of the Supreme Court of the State of New York; October 30, 1995; New York; State Appellate Court
In a CPLR article 78 proceeding, the Nassau County Supreme Court upheld the decision of the Nassau County Civil Service Commission, which disqualified the petitioner from employment as a police officer due to medical reasons related to a previously separated right shoulder. The Commission based its decision on medical reports, including an assessment from its orthopedic surgeon, indicating a significant risk of further dislocation under stress, which could incapacitate the arm. The court emphasized that administrative determinations must be upheld if supported by substantial evidence, citing relevant case law. It clarified that conflicting medical opinions do not undermine the Commission's findings, as long as there is a rational basis for their conclusion. The petitioner argued that the Commission's actions violated the Human Rights Law regarding discrimination based on disability. However, the court noted that the law excludes conditions preventing an individual from performing job duties reasonably; thus, the petitioner’s condition was not classified as a disability under the law. The judgment of the Supreme Court was affirmed with costs, confirming that the Commission acted within its authority and that its determination was justified by the evidence presented.