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CUNNINGHAM v. DEPT. OF LABOR

No. 123.

21 N.Y.3d 515 (2013)

997 N.E.2d 468

974 N.Y.S.2d 896

2013 NY Slip Op 4838

In the Matter of MICHAEL A. CUNNINGHAM, Appellant, v. NEW YORK STATE DEPARTMENT OF LABOR, Respondent.

Court of Appeals of New York.

Decided June 27, 2013.

Attorney(s) appearing for the Case

New York Civil Liberties Union Foundation, New York City ( Corey L. Stoughton , Arthur Eisenberg and Christopher Dunn of counsel), for appeallant.

Eric T. Schneiderman , Attorney General, Albany ( Kate H. Nepveu , Barbara D. Underwood and Andrea Oser of counsel), for respondent.

Richard E. Casagrande , New York City ( Wendy M. Star and Keith J. Gross of counsel), for New York State United Teachers, amicus curiae.

OPINION OF THE COURT

SMITH, J.

The State of New York, suspecting that one of its employees was submitting false time reports, attached a global positioning system (GPS) device to the employee's car. Under People v Weaver (12 N.Y.3d 433 [2009]) and United States v Jones (565 US ___, 132 S.Ct. 945 [2012]), the State's action was a search within the meaning of the State and...

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