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MATTER OF POWELL v. CITY OF NEWBURGH

284 A.D.2d 334 (2001)

725 N.Y.S.2d 883

In the Matter of CLIFTON POWELL, Petitioner, v. CITY OF NEWBURGH, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 4, 2001.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

On March 14, 2000, while the petitioner was on duty as a Motor Equipment Operator for the City of Newburgh, Department of Public Works, he was randomly selected to have his urine tested for the presence of drugs. On March 17, 2000, the City received notification that the petitioner tested positive for cocaine. On March 21, 2000, the City served the petitioner with...

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