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MATTER OF DUNNING v. CITY OF NEWBURGH

210 A.D.2d 404 (1994)

620 N.Y.S.2d 105

In the Matter of Mark Dunning et al., Petitioners, v. City of Newburgh et al., Respondents

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

December 19, 1994

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs, and the matter is remitted to the respondents for a determination of the claims of the petitioners George Hess and John Decker for back pay, in accordance herewith.

The record supports the determination of the respondents, that the petitioners were drinking beer while on duty on July 24, 1990, after they had notice that any employee found drinking alcohol on the...

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