MASSARO v. MERCADO

Respondent was not required to conduct a hearing simply because it had previously made a probable cause determination in petitioner's favor. On the basis of the administrative pleadings, there was simply no question that the Police Department's rejection of petitioner was based on a finding of psychological unsuitability that is not a disability within the meaning of the Human Rights Law (see, Executive Law § 292), and was not perceived as a disability by the Police Department (cf.,Daley v. Koch, 892 F.2d 212, 215-216). As respondent appropriately noted in its administrative decision, it cannot disturb a hiring decision absent a showing that the decision was influenced by unlawful discrimination. Nor should respondent be required to hold a hearing when it is clear that such a showing cannot be made.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.