ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

June 01, 2023

Appointing authority not required to provide reasons for not selecting an applicant eligible for appointment to the position where appropriate discretion has been exercised

The Plaintiff in this CPLR Article 78 action challenged the New York City Police Department's [NYPD], decision not select Plaintiff for appoint as a probationary police officer. Supreme Court granted NYPD's motion to dismiss Plaintiff's petition for failure to state a cause of action. Plaintiff appealed but the Appellate Division unanimously affirmed the lower court's ruling.

The Appellate Division, noting the Plaintiff failed "to allege any facts suggesting that NYPD's determination was arbitrary and capricious," explained that Plaintiff's passage of the civil service exam and other qualifications did not entitle him to an appointment.

Citing Matter of Gomez v Hernandez, 50 AD3d 404, the Appellate Division opined "Even [well-qualified] candidates such as [Plaintiff] ... can be denied [appointment] provided appropriate discretion is used within the confines of the 'one-of-three' rule in Civil Service Law §61.*

The court observed, "it is not arbitrary and capricious for an agency to provide no reason for an appointing official's exercise of discretion in declining to appoint a specific candidate". 

The decision also noted that Plaintiff's "allegations of delays and irregularities in the selection process do not meet his 'heavy burden of proof, for which conclusory allegations and speculative assertions will not suffice'".

* Click HERE to access NYPPL's comments concerning the origin and application of the Rule of Three. 

Click HERE to access the Appellate Division's decision posted on the Internet.

 

 

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com