MATTER OF STEARNS


268 A.D.2d 855 (2000)

701 N.Y.S.2d 714

In the Matter of the Claim of CHRISTINE M. STEARNS, Appellant. WILLIAMSVILLE CENTRAL SCHOOL DISTRICT, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided January 20, 2000.


Claimant, a school bus driver, was suspended from her duties in 1997 after a blood alcohol test showed an unacceptably high level of alcohol in her blood. Claimant thereafter completed a substance abuse program and was allowed to return to work. Notably, claimant was informed in writing that she would be subject to a five-year period of frequent, randomly scheduled alcohol testing and a positive result would result in her dismissal. Subsequently, claimant was discharged after...

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