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MATTER OF PEREZ v. WARD

69 N.Y.2d 840 (1987)

In the Matter of John J. Perez, Appellant, v. Benjamin Ward, as Police Commissioner of the City of New York, et al., Respondents. In the Matter of Henry King et al., Appellants, v. Jacqueline McMickens, as Commissioner of the New York City Department of Correction, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 17, 1987.

Attorney(s) appearing for the Case

Philip L. Boneta, Linda Flores, Raymond E. Kerno and Richard Hartman for John J. Perez, appellant.

Raymond E. Kerno and Richard Hartman for Henry King and another, appellants.

Doron Gopstein, Acting Corporation Counsel (June A. Witterschein and Leonard Koerner of counsel), for respondents.

Mark T. Walsh, Jr., for New York State Inspection, Security and Law Enforcement Employees, District Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.

MEMORANDUM.

The determinations of the Appellate Division should be affirmed, with costs.

In these article 78 proceedings, the dismissal of police and correction officers was upheld for their refusal to comply with orders to submit to urinalysis in connection with reported drug use. There is no dispute among the parties as to the standard that governs these cases, and therefore this court need not and does not pass...

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