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IN THE MATTER OF WAGNER v. ROTH

9 A.D.3d 583 (2004)

780 N.Y.S.2d 42

In the Matter of HAROLD F. WAGNER, Petitioner, v. ARTHUR J. ROTH, as Commissioner of Taxation and Finance, Respondent.

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

July 1, 2004.

CARPINELLO, J.

In September 2001, petitioner, an office manager with the Department of Taxation and Finance, was charged with, among other things, using his Department-issued computer during working hours "to send, forward or respond to non-work related" e-mail, "to transmit sexually suggestive and/or offensive material"* and to "access various non-work related" and/or offensive Internet Web sites...

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