Holmes v. Coughlin

Appellate Division of the Supreme Court of New York

Holmes v. Coughlin

182 A.D.2d 1121, 583 N.Y.S.2d 703, 1992 N.Y. App. Div. LEXIS 7008

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

DecidedApril 24, 1992

StatusPublished

Cited by6 cases

This text of 182 A.D.2d 1121 (Holmes v. Coughlin) 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

Holmes v. Coughlin, 182 A.D.2d 1121, 583 N.Y.S.2d 703, 1992 N.Y. App. Div. LEXIS 7008 (N.Y. Ct. App. 1992).

Pincite

Opinion

Determination unanimously confirmed and petition dismissed. Memorandum: Although the literature concerning the Syva EMIT Drug Detection System Test (EMIT test) was revised by the manufacturer in 1989 to advise that "[a] more specific alternative chemical method must be used to obtain a confirmed [1122]*1122analytical result”, the manufacturer nonetheless continues to assert that the EMIT test remains scientifically valid and reliable with a 99% rate of accuracy. Therefore, the two positive EMIT drug test results sufficiently support respondents’ determination that petitioner used illegal drugs (see, Matter of Lahey v Kelly, 71 NY2d 135, 143; Matter of McGill v Coughlin, 182 AD2d 1103 [decided herewith]; Matter of Maldonado v Selsky, 162 AD2d 843, 844). (Article 78 Proceeding Transferred by Order of Supreme Court, Livingston County, Cicoria, J.) Present — Callahan, J. P., Boomer, Pine, Lawton and Fallon, JJ.

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Determination unanimously confirmed and petition dismissed. Memorandum: Although the literature concerning the Syva EMIT Drug Detection System Test (EMIT test) was revised by the manufacturer in 1989 to advise that "[a] more specific alternative chemical method must be used to obtain a confirmed [1122]*1122analytical result”, the manufacturer nonetheless continues to assert that the EMIT test remains scientifically valid and reliable with a 99% rate of accuracy. Therefore, the two positive EMIT drug test results sufficiently support respondents’ determination that petitioner used illegal drugs (see, Matter of Lahey v Kelly, 71 NY2d 135, 143; Matter of McGill v Coughlin, 182 AD2d 1103 [decided herewith]; Matter of Maldonado v Selsky, 162 AD2d 843, 844). (Article 78 Proceeding Transferred by Order of Supreme Court, Livingston County, Cicoria, J.) Present — Callahan, J. P., Boomer, Pine, Lawton and Fallon, JJ.

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Bluebook (online)

182 A.D.2d 1121, 583 N.Y.S.2d 703, 1992 N.Y. App. Div. LEXIS 7008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-coughlin-nyappdiv-1992.

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