Respondent terminated petitioner's employment without a hearing after he tested positive for illegal drugs several months after he was reinstated as a probationary employee. Petitioner brought an article 78 proceeding alleging that he should have been reinstated as a tenured employee, not a probationary employee, and was therefore entitled to a pre-termination hearing. The IAS court referred the matter to OATH for an evidentiary hearing on whether the City Personnel Director...
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