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MATTER OF GISBERT v. NEW YORK STATE THRUWAY AUTH.

115 A.D.2d 934 (1985)

In the Matter of Raymond Gisbert, Appellant, v. New York State Thruway Authority, Respondent

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

December 26, 1985

Weiss, J.

Petitioner, a truck driver employed by respondent since 1969, was charged with two specifications of misconduct, one for being under the influence of alcohol while on duty and the second for consuming alcohol while on duty.* Following a Civil Service Law § 75 hearing, the latter charge was dismissed for insufficiency. The hearing officer also dismissed the "under the influence of alcohol" charge since there...

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