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MATTER OF CARUSO v. WARD

131 A.D.2d 214 (1987)

In the Matter of Phil Caruso, as President of The Patrolmen's Benevolent Association of the City of New York, Inc., et al., Respondents, v. Benjamin Ward, as Police Commissioner of The Police Department of the City of New York, et al., Appellants

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

November 5, 1987

Attorney(s) appearing for the Case

Michael S. Adler of counsel (Francis F. Caputo with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

Raymond E. Kerno of counsel (Richard Hartman, attorney), for respondents.

MURPHY, P. J., ROSS and MILONAS, JJ., concur with SMITH, J.; ROSENBERGER, J., dissents in an opinion.

SMITH, J.

Respondents appeal from an order of the Supreme Court, entered on July 7, 1986, which enjoined them from implementing New York City Police Department Interim Order No. 36 which was issued on or about June 2, 1986 (133 Misc.2d 544). Said Order No. 36 would require current and future members of the Organized Crime Control Bureau (OCCB) to submit to random drug...

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