Matter of Szlepcsik v County of Suffolk

Summary

The Appellate Division, Second Department affirmed dismissal of an Article 78 proceeding challenging the disqualification of an applicant for employment as a Suffolk County police officer. The court held that the Department's reliance on its own psychological evaluation was neither irrational nor arbitrary and capricious, even though the applicant submitted a contrary independent evaluation. The court also reiterated that reviewing courts may not weigh conflicting professional opinions or substitute their judgment for that of the administrative agency.

Holdings

1. The determination was neither irrational nor arbitrary and capricious and therefore was properly sustained.
2. The court could not choose between the conflicting professional opinions; that function belonged to the responsible administrative officials so long as they acted reasonably and responsibly.

Questions Presented

1. Whether the Suffolk County Department of Civil Service's determination that Szlepcsik was psychologically unqualified for employment as a police officer was irrational or arbitrary and capricious.
2. Whether the reviewing court could choose between the conflicting psychological opinions submitted by the Department and Szlepcsik.

Disposition

affirmed