Legal Opinion

Kirk v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 3, 2008PublishedCited by 6 opinions

1Opinion of the Court

Determination of respondent Fire Department’s Commissioner, dated May 22, 2006, terminating petitioner’s employment as a firefighter, unanimously confirmed, the petition denied, and this proceeding (transferred to this Court by order of Supreme Court, New York County [Rolando T. Acosta, J.], entered March 22, 2007), dismissed, without costs.

Petitioner tested positive for cocaine during a random drug test, and the Fire Department terminated his employment. Such determination was supported by substantial evidence (see Matter of Powell v City of Newburgh, 284 AD2d 334 [2001], lv denied 96 NY2d…

2Cases cited6 opinions

  1. Shelley Weinstock v. Columbia UniversityCourt of Appeals for the Second Circuit · 2000
  2. MATTER OF MCENIRY v. LandiNew York Court of Appeals · 1994
  3. Seelig v. KoehlerNew York Court of Appeals · 1990
  4. Gilmore v. UNIVERSITY OF ROCHESTER STRONG MEMORIAL HOSPITAL DIVISIONDistrict Court, W.D. New York · 2005
  5. Gibson v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Landon v. Kroll Laboratory Specialists, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Armbruster v. CassanoAppellate Division of the Supreme Court of the State of New York · 2017
  3. O'Neill v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  4. Griffin v. MTA New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
  5. In re the Claim of ShuggAppellate Division of the Supreme Court of the State of New York · 2009

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API