Matter of Rouse v City of New York (2004 NY Slip Op 02126)

Matter of Rouse v City of New York

2004 NY Slip Op 02126 [5 AD3d 274]

March 23, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 26, 2004

In the Matter of Carlton E. Rouse, Appellant,
v
City of New York et al., Respondents.

—

Judgment, Supreme Court, New York County (Richard Braun, J.), entered March 21, 2003, which denied petitioner's application to annul respondents' determination denying petitioner's request to retake a civil service examination, unanimously affirmed, without costs.

No issues of fact exist as to whether petitioner complained about the lighting in the examination room on the day he took the examination, and, even if he did, that the alleged excessive glare caused him a disadvantage (see Matter of Lawson v Levitt, 211 AD2d 587 [1995]). Concur—Nardelli, J.P., Mazzarelli, Saxe and Friedman, JJ.