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MATTER OF PHILLIPS v. NEW YORK CITYWIDE ADMINISTRATIVE SERVICES

9595, 101413/15.

173 A.D.3d 493 (2019)

103 N.Y.S.3d 62

2019 NY Slip Op 04658

In the Matter of Nicole Phillips, Petitioner, v. New York Citywide Administrative Services et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 11, 2019.

The Department of Citywide Administrative Services (DCAS) did not improperly delegate its duty to select a medical officer pursuant to Civil Service Law § 72(1) to an outside entity (JurisSolutions). Civil Service Law § 72(1) provides, "When in the judgment of an appointing authority an employee is unable to perform the duties of his or her position by reason of a disability... the appointing authority may require such employee to undergo a medical examination to...

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