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MATTER OF CASEY v. NEW YORK CITY TRANSIT AUTH.

175 A.D.2d 128 (1991)

In the Matter of Christopher Casey, Petitioner, v. New York City Transit Authority et al., Respondents

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

July 1, 1991

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

We find that there was substantial evidence to support the Hearing Referee's determination, including the finding that the petitioner wrongfully refused to submit to a fitness for duty test after showing up for his February 5, 1989, tour of duty as a New York City Transit Police Officer apparently in an intoxicated state (see, 300 Gramatan...

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