Winnegar v. County of Suffolk
Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Suffolk County of Department of Civil Service/Human Resources dated September 11, 2003, finding the petitioner unqualified to serve as a Suffolk County Police Officer, the appeal is from a judgment of the Supreme Court, Suffolk County (Werner, J.), dated February 24, 2004, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
An appointing authority has wide discretion in determining the fitness of candidates (see Matter of Verme v Suffolk County Dept. of Civ. Serv., 5 AD3d 498 [2004]; Matter of Mark v Schneider, 305 AD2d 685, 686 [2003]; Matter of Needleman v County of Rockland, 270 AD2d 423, 424 [2000]). This discretion is particularly broad in the hiring of law enforcement officers, to whom high standards may be applied (see Matter of Verme v Suffolk County Dept. of Civ. Serv., supra; Matter of Mark v Schneider, supra). As long as the administrative determination is not irrational or arbitrary, this Court will not interfere with it (see Matter of Needleman v County of Rockland, supra; Matter of Kelly v Suffolk County Dept. of Civ. Serv./Human Resources, 301 AD2d 525 [2003]).
Contrary to the petitioner’s contention, the respondents did not act irrationally or arbitrarily in relying upon the evaluations of a consulting psychologist and the Appeals Review Com
The petitioner’s remaining contentions are without merit. Santucci, J.P., Adams, Cozier and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.