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MATTER OF JOHNSON v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

97 N.Y.2d 627 (2001)

761 N.E.2d 553

735 N.Y.S.2d 861

In the Matter of EDWARD P. JOHNSON, Respondent, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Respondent, and NEW YORK CITY CIVIL SERVICE COMMISSION, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 2001.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for appellant.

Ronald J. Stone, New York City, for Edward P. Johnson, respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed.

Petitioner began working for defendant Triborough Bridge and Tunnel Authority (TBTA) in January 1984 and, one year later, became a permanent employee. On January 15, 1989, petitioner was involved in an after-hours altercation during which his service revolver discharged, resulting in disciplinary charges against him...

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