IN RE: Michael RYFF

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Michael RYFF, Appellant, v. WESTCHESTER COUNTY PERSONNEL OFFICE, et al., Respondents.

Decided: October 29, 2001

GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, HOWARD MILLER and NANCY E. SMITH, JJ. Michael Ryff, Yonkers, N.Y., appellant pro se. Charlene M. Indelicato, County Attorney, White Plains, N.Y. (Stacey Dolgin Kmetz and Barbara Lubin Harmatz of counsel), for respondents.

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Westchester County Personnel Office, dated March 14, 2000, which removed the petitioner from the police officer civil service eligible list, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Barone, J.), entered December 6, 2000, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

 The Supreme Court properly denied the petitioner's request for copies of reports concerning the investigation which resulted in his previous termination from his position as a probationary police officer for the Westchester County Department of Public Safety (see, Matter of Grossman v. McMahon, 261 A.D.2d 54, 699 N.Y.S.2d 582).   Moreover, judicial intervention is not warranted.   The determination to remove the petitioner's name from the police officer civil service eligible list after affording him an opportunity to submit written opposition to the disqualification pursuant to Civil Service Law § 50(4)(e) was neither irrational nor arbitrary (see, Matter of Needleman v. County of Rockland, 270 A.D.2d 423, 704 N.Y.S.2d 887;  Matter of Ressa v. County of Nassau, 224 A.D.2d 534, 638 N.Y.S.2d 158;  Matter of Metzger v. Nassau County Civ. Serv. Comm., 54 A.D.2d 565, 386 N.Y.S.2d 890).

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