Matter of Altieri v City of New York Civ. Serv. Commn. 57 AD3d 248
Anthony Altieri sued the New York City Civil Service Commission after it disqualified him for appoint to the position of sanitation worker because of Altieri’s cardiac condition
The Appellate Division said that the Commission was entitled to rely on the opinion of the Department of Sanitation's medical director that Altieri's appointment as a sanitation worker would put Altieri “at serious risk.”
The fact that Altieri’s treating physician’s opinion disagreed with the Department’s medical director’s opinion does not tend to show that the Commission "acted illegally or capriciously or adopted a professional opinion not founded on a rational basis."
Further, the Appellate Division commented that Altieri’s disqualification for medical reasons “cannot be the predicate of a discrimination claim under Executive Law §296(1)(a).”
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