A midlevel New York court has overturned the firing of an Albany police officer for losing his driver's license after he refused a chemical test when charged with driving while intoxicated.
The Appellate Division panel says Albany Chief Steven Krokoff erred in terminating Brian Lutz and saying a license is a minimum qualification.
Justice Karen Peters writes the only defined minimum requirement is a high school equivalency.
While civil service terms call for ability to operate an automobile, which infers having a license, she says the chief can't summarily sack Lutz based on an inference.
Justices Robert Rose, Edward Spain and Elizabeth Garry agree also that Lutz's termination without a hearing was contrary to the law.
Lutz claims he is the only Albany officer ever fired for having no license.
Copyright 2012 by The Associated Press