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IN THE MATTER OF GEORGE THORSEN, respondent, v. NASSAU COUNTY CIVIL SERVICE COMMISSION, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

This proceeding was commenced when the Nassau County Civil Service Commission (hereinafter the Commission) determined that the petitioner was unqualified for the position of Nassau County Director of Probation (hereinafter Director). The Commission determined that the petitioner, then Assistant to the Director of Probation since May of 1996, lacked the requisite managerial experience to qualify for the position of Director.

Administrative determinations are to be accorded great deference, and "[t]he denial by an appointing authority of a promotion to a particular individual will not be disturbed as long as the determination is supported by a rational basis" (Matter of Wagner v. New York City Tr. Auth., 266 A.D.2d 304; see Cove v. Sise, 71 N.Y.2d 910, 912). We agree with the Supreme Court that the Commission failed to set forth a rational basis for its determination that the petitioner was not qualified for the position of Director. Accordingly, the petition was properly granted.

FLORIO, J.P., FEUERSTEIN, SMITH and LUCIANO, JJ., concur.

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THORSEN v. NASSAU COUNTY CIVIL SERVICE
(Dec 9, 2002)