MATTER OF MINALLY v. CAREY


34 A.D.3d 815 (2006)

825 N.Y.S.2d 133

In the Matter of JAMES MINALLY, Respondent, v. JOAN B. CAREY, as Deputy Chief Administrative Judge for the New York City Courts, Appellant.

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

Decided November 28, 2006.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was for a name-clearing hearing is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

The parties' stipulations of settlement of a specification of misconduct provided that the petitioner was subject to random testing for controlled substances "the results of [which] shall be deemed conclusive upon the parties...

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