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MATTER OF WILSON v. CITY OF WHITE PLAINS

95 N.Y.2d 783 (2000)

731 N.E.2d 1111

710 N.Y.S.2d 303

In the Matter of IAN S. WILSON, Respondent, v. CITY OF WHITE PLAINS et al., Appellants.

Court of Appeals of the State of New York.

Decided May 16, 2000.

Attorney(s) appearing for the Case

Kauff, McClain & McGuire, New York City (Raymond G. McGuire, Harlan J. Silverstein and William E. Zuckerman of counsel), and Edward P. Dunphy, Corporation Counsel of City of White Plains, for appellants.

Gleason, Dunn, Walsh & O'Shea, Albany (Ronald G. Dunn and James E. Dering of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum; Judge BELLACOSA taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that Court for further proceedings in accordance with this memorandum.

Petitioner-respondent Wilson was dismissed from his job as a firefighter for the City of White Plains after a test revealed large quantities of benzoylecgonine (a metabolite of cocaine) in his urine. The...

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