MATTER OF FISCHER v. TOWN OF PATTERSON

2016-01210, Index No. 178/15.

149 A.D.3d 1071 (2017)

2017 NY Slip Op 03174

53 N.Y.S.3d 658

In the Matter of LAWRENCE FISCHER, Petitioner, v. TOWN OF PATTERSON, Respondent.

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

Decided April 26, 2017.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

On June 16, 2014, while the petitioner was on duty as a mechanical equipment operator for the Town of Patterson, he was randomly selected to have his urine tested for the presence of drugs. The petitioner's urine tested positive for cocaine, and he was issued an amended notice of discipline alleging misconduct and incompetency as a result...

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