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MATTER OF DAVIS v. NEW YORK STATE DIVISION OF MILITARY AND NAVAL AFFAIRS

291 A.D.2d 778 (2002)

738 N.Y.S.2d 719

In the Matter of RANDALL DAVIS, Appellant, v. NEW YORK STATE DIVISION OF MILITARY AND NAVAL AFFAIRS et al., Respondents.

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

Decided February 28, 2002.

Carpinello, J.

Following a December 17, 1999 notice of discipline charging petitioner with violating his employer's Internet policy by visiting inappropriate websites (including pornographic websites) and misusing a State-owned computer for personal use, the matter was settled pursuant to a January 19, 2000 settlement agreement. As relevant here, the settlement agreement placed petitioner on probation for one year and included provisions prohibiting him from misuse...

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