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IN THE MATTER BENSOY v. KELLY

17 A.D.3d 247 (2005)

793 N.Y.S.2d 46

In the Matter of RON BENSOY et al., Appellants, v. RAYMOND KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

April 21, 2005.

No material issue of fact as to whether respondents terminated petitioners in bad faith is raised by petitioners' disputed assertion that the positive hair sample drug tests, assertedly the basis for their termination, were tainted by improper collection procedures (see Matter of Nixon v City of New York, 262 A.D.2d 162, 163 [1999], citing Matter of Johnson v Katz, 68 N.Y.2d 649 [1986])...

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