IN THE MATTER OF PRESTI v. FARRELL


23 A.D.3d 211 (2005)

806 N.Y.S.2d 5

In the Matter Of STEVEN PRESTI, Appellant, v. KEVIN FARRELL, as Commissioner of the Department of Sanitation of the City of New York, Respondent.

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

November 10, 2005.


After petitioner tested positive for drugs for a third time, respondent properly accepted petitioner's resignation from his position as a sanitation worker pursuant to a last chance agreement that he had signed at a prior disciplinary proceeding, and that had provided for automatic resignation upon any subsequent positive test. In the agreement, petitioner, in lieu of termination, knowingly relinquished the right to appeal or otherwise challenge the test results or testing...

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