Legal Opinion

Lumsden v. New York City Fire Department

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

Decided November 30, 1987PublishedCited by 8 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Fire Department, dated October 2, 1985, which, after a hearing, terminated the petitioner’s employment.

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

While serving a 90-day suspension without pay for stealing and cashing the paycheck of a fellow firefighter, a crime which the petitioner admitted committing, the petitioner’s urine was sampled on two occasions, four days apart. Two different kinds of tests were conducted on each occasion. On…

2Cases cited3 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Eagle v. PatersonNew York Court of Appeals · 1982
  3. People v. FarrellNew York Court of Appeals · 1982

3Cited by8 opinions

  1. Paul v. IsraelAppellate Division of the Supreme Court of the State of New York · 2011
  2. Andresen v. State of New York Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1996
  3. Pernick v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1995
  4. Gdanski v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  5. Aldeen v. Industrial Appeals BoardAppellate Division of the Supreme Court of the State of New York · 2011

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