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Matter of Choset v. Nassau Cty. Civil Serv

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1993
199 A.D.2d 264 (N.Y. App. Div. 1993)

Opinion

December 6, 1993

Appeal from the Supreme Court, Nassau County (Becker, J.).


Ordered that the judgment is affirmed, with costs.

The petitioners in this case applied to take an open competitive examination given by the Nassau County Civil Service Commission for the position of Programmer Analyst I. The minimum qualifications for taking the examination were, in relevant part, a Bachelor's Degree and "[f]ive years of satisfactory, paid, experience programming for computers, including three years of system analysis and design for a large, integrated data processing environment". The petitioners' applications to take the examination were denied by the Nassau County Civil Service Commission on the ground that their prior experience as Programmer I, Programmer II, and Programmer Analyst Trainees was not acceptable as experience in system analysis and design work. Although the typical duties for Programmer I, Programmer II, and Programmer Analyst Trainee did not include system analysis and design work, the petitioners claimed they had such experience, and commenced this proceeding pursuant to CPLR article 78 challenging the determinations. The Supreme Court dismissed the proceeding, finding that the determinations were reasonable and proper. We affirm.

It is the function of the Nassau County Civil Service Commission to fix fair and reasonable standards for testing the qualifications of applicants for appointment to civil service. This Court will not interfere with the discretion of the Nassau County Civil Service Commission in determining the qualifications of candidates unless the decision is irrational and arbitrary so as to warrant judicial intervention (see, Matter of Weitzenberg v Nassau County Civ. Serv. Commn., 172 A.D.2d 613; see, Matter of Metzger v Nassau County Civ. Serv. Commn., 54 A.D.2d 565). In this case, the determinations that the petitioners did not meet the minimum qualifications to take the examination were not arbitrary and capricious, or an abuse of discretion. Rosenblatt, J.P., Miller, Lawrence and Pizzuto, JJ., concur.


Summaries of

Matter of Choset v. Nassau Cty. Civil Serv

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1993
199 A.D.2d 264 (N.Y. App. Div. 1993)
Case details for

Matter of Choset v. Nassau Cty. Civil Serv

Case Details

Full title:In the Matter of TOBE CHOSET et al., Appellants, v. NASSAU COUNTY CIVIL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 6, 1993

Citations

199 A.D.2d 264 (N.Y. App. Div. 1993)
604 N.Y.S.2d 231

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