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MATTER OF ARRASTIA v. LOWERY

45 A.D.2d 674 (1974)

In the Matter of Mario Arrastia, Petitioner, v. Robert O. Lowery, as Commissioner of the Fire Department of The City of New York, et al., Respondents

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

June 4, 1974

Petitioner, a fireman, was on annual leave leading to terminal leave and retirement for disability when he was arrested on a charge of involvement in possession of cocaine. The charge against him was dismissed in Criminal Court, properly so. The circumstances of the arrest could lead to no other conclusion and, even when viewed outside the frame of the strict requirements of a criminal prosecution, were not sufficiently substantial...

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