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KELLY v. CIVIL SERVICE COMMISSION

427 Mass. 75 (1998)

JOHN J. KELLY v. CIVIL SERVICE COMMISSION & another.

Supreme Judicial Court of Massachusetts, Hampden.

March 12, 1998.

Attorney(s) appearing for the Case

Rosemary S. Gale, Assistant Attorney General (Jonathan A. Abbott, Assistant Attorney General, with her) for the Civil Service Commission.

Albert R. Mason for the City of Chicopee.

Charles K. Stephenson for the plaintiff.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

GREANEY, J.

The plaintiff, John J. Kelly, was terminated from his employment as a fire fighter for the city of Chicopee (city) on June 8, 1990, following his arrest on charges of operating a motor vehicle without a license and possession of a class B substance (crack cocaine). Kelly appealed to the Civil Service Commission (commission), pursuant to G. L. c. 31, § 43. After a hearing before an administrative magistrate of the Division of Administrative Law Appeals...

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