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Reinstatement to the eligible list

Reinstatement to the eligible list
Matter of Chiang v County of Nassau, 38 A.D.3d 772, Motion to appeal denied, 9 N.Y.3d 804

The Nassau County Civil Service Commission disqualified Catherine Chiang for appointment to the position of Nassau County Police Officer on medical grounds. Chiang sued, contending that the Commission?s action was arbitrary and capricious.

Supreme Court agreed with the Commission and dismissed Chiang?s petition, only to have its decision overturned by the Appellate Division.

The Appellate Division ruled that:

The credible medical evidence demonstrated that [Catherine Chiang] was medically qualified for the position in question. Accordingly, the [Commission?s] determination was arbitrary and capricious.

The court directed the Commission to reinstate Chiang ?to the status of an eligible candidate for the position of Nassau County Police Officer.?

For the full text of the decision, go to:
http://www.nycourts.gov/reporter/3dseries/2007/2007_02553.htm

Full post as published by New York Public Personnel Law on September 04, 2009 (boomark / email).