Practice and Procedure
Pre-trial motion to dismiss denied with opportunity to renew.
Respondent, firefighter, was charged with misconduct for wearing in the firehouse, on multiple occasions, a t-shirt with an allegedly offensive message, and for disobeying orders on 20 occasions to change the shirt. Respondent made a pre-trial motion to dismiss, alleging petitioner violated his rights under the collective bargaining agreement (CBA) and the First Amendment.
Fire Dep't v. Buttaro, OATH Index No. 2430/14, mem. dec. (July 17, 2014).