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MATTER OF SIMMONS MACHINE TOOL CORPORATION v. ST. PETER'S HEALTH CARE SERVICES

512534.

90 A.D.3d 1224 (2011)

934 N.Y.S.2d 578

2011 NY Slip Op 8884

In the Matter of SIMMONS MACHINE TOOL CORPORATION, Appellant, v. ST. PETER'S HEALTH CARE SERVICES, Respondent, and JOHN DOE, Respondent.

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

Decided December 8, 2011.

MERCURE, A.P.J.

Pursuant to a collective bargaining agreement, petitioner implemented a "Substance-Free Workplace Policy" that permitted random drug testing of its employees. Respondent John Doe failed two of those tests and, as required by the terms of the policy, enrolled in a rehabilitation program operated by respondent St. Peter's Health Care Services. While Doe's treatment record is confidential under federal and...

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