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IN THE MATTER OF CITY OF ITHACA

25 A.D.3d 859 (2006)

811 N.Y.S.2d 786

In the Matter of the Arbitration between CITY OF ITHACA, Respondent, and CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., Appellant.

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

January 5, 2006.

Mercure, J.

Petitioner employed David Hunt, the grievant represented by respondent, as a city truck driver. During a random drug test conducted by petitioner, Hunt was unable to produce a urine sample. He was thereafter ordered by a medical review officer (hereinafter MRO) to meet with his physician, who diagnosed him with a psychological condition that rendered him unable to produce a sample for testing. During a conversation with the MRO, however, Hunt's physician...

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