MASSARO v. MERCADO (2000)

Judgment, Supreme Court, New York County (Lottie Wilkins, J.), entered July 15, 1999, inter alia, dismissing an article 78 proceeding challenging respondent's determination to dismiss, without a hearing, petitioner's administrative complaint charging the Police Department with disability discrimination in rejecting petitioner as a police officer, unanimously affirmed, without costs.

 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[21] ), 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.

MEMORANDUM DECISION.