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MATTER OF GALLAGHER v. CITY OF NEW YORK

35 A.D.3d 858 (2006)

826 N.Y.S.2d 725

In the Matter of KEVIN P. GALLAGHER, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided December 26, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and upon reargument, the determination in the order dated December 2, 2004 denying that branch of the petition is adhered to.

The parties' stipulation of settlement with respect to previous disciplinary charges provided that the petitioner, in exchange for having the charges against him dropped, would be subject to random testing for controlled...

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