Seitz v. Suffolk County Department of Civil Service
Opinion of the Court
— In a proceeding pursuant to CPLR article 78 to annul a determination of the respondent Suffolk County Department of Civil Service, dated April 1, 1985, which found the petitioner ineligible for appointment as a police officer, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), entered September 3, 1985, which dismissed the petition.
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner concededly suffers from elevated blood pressure so that he does not satisfy the standard for physical fitness established by the Municipal Police Training Council (hereinafter the MPTC) (9 NYCRR 6000.3). This standard is part of a comprehensive set of physical fitness standards promulgated by the MPTC pursuant to statute (Executive Law § 840 [2]). No person who fails to meet these standards may be eligible for provisional or permanent appointment in the competitive class of the civil service as a police officer (Civil Service Law § 58 [1]). In this case, the petitioner’s blood pressure was taken 11 times on two separate occasions, and 10 of the readings were over the acceptable level.
The regulations promulgated by the MPTC also provide that
Further, the petitioner’s contention that the respondent Department of Civil Service violated Executive Law § 296 in denying him this appointment by reason of this "disability” is without merit. The respondents sufficiently demonstrated that the petitioner’s elevated blood pressure condition may "prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought” (Executive Law § 292 [21]). In this regard, we note that the petitioner submitted no proof to the contrary. We therefore find that the petitioner is not entitled to the protection of the Human Rights Law (cf., City of New York v State Div. of Human Rights, 70 NY2d 100).
Accordingly, the petition was properly dismissed. Brown, J. P., Lawrence, Hooper and Spatt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.