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MATTER OF KIRK v. CITY OF NEW YORK

47 A.D.3d 406 (2008)

848 N.Y.S.2d 169

In the Matter of MICHAEL KIRK, Petitioner, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 3, 2008.

Petitioner tested positive for cocaine during a random drug test, and the Fire Department terminated his employment. Such determination was supported by substantial evidence (see Matter of Powell v City of Newburgh, 284 A.D.2d 334 [2001], lv denied 96 N.Y.2d 720 [2001]; Matter of Gibson v Koehler, 165 A.D.2d 768 [1990]). Petitioner's contention that the Department's random drug testing...

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