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MATTER OF MARTINEZ v. WARD

166 A.D.2d 392 (1990)

In the Matter of Mario Martinez, Petitioner, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

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

October 30, 1990

We find substantial evidence in the record to support the Commissioner's determination that petitioner, on or about June 29, 1988, was absent from his tour of duty, without leave, for nearly three hours and that, on the same date, he failed to obey a lawful order to submit to a urinalysis exam. The credited testimony of the department's six witnesses established that over a span of six months leading up to the Dole test order,...

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