Canty v. Spooner

Appellate Division of the Supreme Court of New York

Canty v. Spooner

216 A.D.2d 463, 628 N.Y.S.2d 754, 1995 N.Y. App. Div. LEXIS 6393

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

DecidedJune 19, 1995

StatusPublished

Cited by2 cases

This text of 216 A.D.2d 463 (Canty v. Spooner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Canty v. Spooner, 216 A.D.2d 463, 628 N.Y.S.2d 754, 1995 N.Y. App. Div. LEXIS 6393 (N.Y. Ct. App. 1995).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority dated January 24, 1992, which adopted the recommendation of an Administrative Law Judge, made after a hearing, dismissing the petitioner from his position as a transit police officer, inter alia, for using cocaine and for failing to adequately perform his duties.

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

Contrary to the petitioner’s contention, the directive of a superior officer ordering the petitioner to submit to a urinalysis, commonly known as a Dole test, was predicated on reasonable suspicion of the petitioner’s drug use, which was based on information supplied, in part, by two confidential informants (see, Matter of Perez v Ward, 69 NY2d 840; Matter of McCullon v Meehan, 150 AD2d 578). The Administrative Law Judge properly determined that the information supplied by the two confidential informants was reliable. While neither informant had a past history of supplying reliable information, the information provided by the first informant was corroborated by other events that New York City Transit Police Department investigators had observed (see, e.g., People v Preston, 115 AD2d [464]*464997), and the second informant’s credibility was established by her relationship with the petitioner (see, e.g., Matter of Taylor v Raiford, 159 AD2d 309). Thus, the determination that the petitioner had used cocaine, in violation of New York City Transit Police Department regulations, is supported by substantial evidence (see, Matter of Boyd v Constantine, 81 NY2d 189; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Ausch v Commissioner of State of N. Y. Div. of Hous. & Community Renewal, 166 AD2d 704).

Under the circumstances of this case, we do not find the penalty of dismissal to be so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222; see also, Matter of Perez v Ward, supra; Matter of Martinez v Ward, 166 AD2d 392; Matter of Palmer v Koehler, 156 AD2d 242; Matter of McCullon v Meehan, supra).

We have considered the petitioner’s remaining contentions and find them to be without merit. Sullivan, J. P., Miller, Thompson and Joy, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority dated January 24, 1992, which adopted the recommendation of an Administrative Law Judge, made after a hearing, dismissing the petitioner from his position as a transit police officer, inter alia, for using cocaine and for failing to adequately perform his duties.

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

Contrary to the petitioner’s contention, the directive of a superior officer ordering the petitioner to submit to a urinalysis, commonly known as a Dole test, was predicated on reasonable suspicion of the petitioner’s drug use, which was based on information supplied, in part, by two confidential informants (see, Matter of Perez v Ward, 69 NY2d 840; Matter of McCullon v Meehan, 150 AD2d 578). The Administrative Law Judge properly determined that the information supplied by the two confidential informants was reliable. While neither informant had a past history of supplying reliable information, the information provided by the first informant was corroborated by other events that New York City Transit Police Department investigators had observed (see, e.g., People v Preston, 115 AD2d [464]*464997), and the second informant’s credibility was established by her relationship with the petitioner (see, e.g., Matter of Taylor v Raiford, 159 AD2d 309). Thus, the determination that the petitioner had used cocaine, in violation of New York City Transit Police Department regulations, is supported by substantial evidence (see, Matter of Boyd v Constantine, 81 NY2d 189; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Ausch v Commissioner of State of N. Y. Div. of Hous. & Community Renewal, 166 AD2d 704).

Under the circumstances of this case, we do not find the penalty of dismissal to be so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222; see also, Matter of Perez v Ward, supra; Matter of Martinez v Ward, 166 AD2d 392; Matter of Palmer v Koehler, 156 AD2d 242; Matter of McCullon v Meehan, supra).

We have considered the petitioner’s remaining contentions and find them to be without merit. Sullivan, J. P., Miller, Thompson and Joy, JJ., concur.

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216 A.D.2d 463, 628 N.Y.S.2d 754, 1995 N.Y. App. Div. LEXIS 6393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canty-v-spooner-nyappdiv-1995.

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