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QUIRE v. CITY OF NEW YORK

Index No. 154954/19. Appeal No. 16593. Case No. 2021-04108.

210 A.D.3d 448 (2022)

175 N.Y.S.3d 898

2022 NY Slip Op 06184

Brian Quire, Appellant, v. City of New York et al., Respondents.

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

Decided November 3, 2022.

Attorney(s) appearing for the Case

The Kurland Group, New York ( Yetta G. Kurland of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( D. Alan Rosinus, Jr. of counsel), for City of New York and New York City Police Department, respondents.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., New York ( Jamie Haar of counsel), for Psychemedics Corporation and Thomas Cairns, respondents.

Concur— Renwick, J.P., Kern, Moulton, Mendez, Pitt, JJ.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about October 1, 2021, which granted defendants' motions to dismiss the second amended complaint, unanimously affirmed, without costs.

Plaintiff's claim that his termination from NYPD service based on allegedly unreliable hair drug testing results violated his due process rights under the New York State Constitution was correctly dismissed, as the "issue was already decided in a related federal...

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