JOHNSON v. ENVTL. PROTECTION


10 N.Y.3d 41 (2008)

882 N.E.2d 386

852 N.Y.S.2d 817

In the Matter of SHELTON JOHNSON, Respondent, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Appellants.

Court of Appeals of the State of New York.

Decided February 12, 2008.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath, Leonard Koerner, Spencer Fisher, Eric Eichenholtz and Ellen Ravitch of counsel), for appellants.

Schwartz, Lichten & Bright, P.C., New York City (Stuart Lichten of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.


OPINION OF THE COURT

PIGOTT, J.

In 1993, respondent New York City Department of Environmental Protection (DEP) hired petitioner as a construction laborer, a competitive class position in the New York City civil service. In January 2003, petitioner was arrested for allegedly stealing DVDs from a video store. Upon his arrest, police searched petitioner's car and discovered a forged DEP placard and shield. Petitioner was charged with, among other things, two...

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