MATTER OF SCHROEDER v. SCOPPETTA

2009-05592.

77 A.D.3d 840 (2010)

909 N.Y.S.2d 537

In the Matter of JOHN J. SCHROEDER, Petitioner, v. NICHOLAS SCOPPETTA, as Commissioner of the Fire Department of the City of New York, et al., Respondents.

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

Decided October 19, 2010.


Adjudged that the petition is granted, on the law, the determination is annulled, with costs, and the matter is remitted to the respondent Fire Commissioner of the City of New York for a new determination based solely upon matters in the hearing record.

The petitioner, John J. Schroeder, became a New York City firefighter in March 1990. During a random drug test conducted by the Fire Department in October 2004, Schroeder tested positive for cocaine. As a result, the...

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