Michael Picciano v Nassau County Civil Service Commission

The plaintiff in this case was denied appointment as a correctional officer due to his color vision deficiency. The Commission advised him of their decision and informed him that any submissions must be filed within 15 days. 

On November 22 the plaintiff attempted to fight the decision, but the Commission proceeded to inform him that it was too late. In May of the next year the plaintiff file an action against the Commission claiming that his disqualification was unlawful discrimination. He sought restoration to eligibility list, appointment to correctional officer position and damages in the form of lost pay and benefits. 

Plaintiff also filed a late notice of claim which the Supreme Court determined allowable on the basis that the Plaintiff’s uncertainty over whether a notice of claim was needed was enough of an excuse for the Plaintiff’s failure to provide one in a timely manner. The issue was appealed, but it stood that the Supreme Court appropriately exercised its discretion in permitting late notice of claim. 

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