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In the Matter of FRANK RESSA, Respondent, v. COUNTY OF NASSAU et al., Appellants.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The Nassau County Civil Service Commission is afforded wide discretion in determining the fitness of candidates for appointment. Such discretion is particularly necessary in hiring police officers, to whom higher standards of fitness and character may be applied (see, Matter of Havern v. Senko, 210 A.D.2d 480). This Court will not interfere with the discretion of the Nassau County Civil Service Commission in determining the qualifications of candidates for police officer unless the decision is irrational and arbitrary so as to warrant judicial intervention (see, Matter of Havern v. Senko, supra; Matter of Shedlock v. Connelie, 66 A.D.2d 433, affd 48 N.Y.2d 943; Matter of Metzger v. Nassau County Civ. Serv. Commn., 54 A.D.2d 565). The petitioner's failure to pass the physical fitness screening test supports the determination of the Nassau County Civil Service Commission in this case. Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.

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MATTER OF RESSA v. COUNTY OF NASSAU
(Feb 13, 1996)