Jackson v. Safir

Appellate Division of the Supreme Court of New York

Jackson v. Safir

261 A.D.2d 348, 691 N.Y.S.2d 422, 1999 N.Y. App. Div. LEXIS 5803

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

DecidedMay 27, 1999

StatusPublished

Cited by1 cases

This text of 261 A.D.2d 348 (Jackson v. Safir) 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.

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Jackson v. Safir, 261 A.D.2d 348, 691 N.Y.S.2d 422, 1999 N.Y. App. Div. LEXIS 5803 (N.Y. Ct. App. 1999).

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Opinion

—Determination of respondent Police Commissioner dated September 15, 1997, terminating petitioner’s employment as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Beatrice Shainswit, JJ, entered March 30, 1998) dismissed, without costs.

The results of the random drug test constitute substantial evidence of petitioner’s possession and use of cocaine, and no basis exists for disturbing respondent’s rejection of petitioner’s explanation of unwitting ingestion “as self-serving and implausible” (see, Matter of Green v Sielaff, 198 AD2d 113). The computerized process by which respondent periodically generates a list of officers for testing has been sustained as random (see, Worrel v Brown, 177 AD2d 446, lv denied 79 NY2d 755), and petitioner’s claim to the contrary is pure speculation. The penalty of dismissal does not shock our sense of fairness (see, Matter of Gordon v Brown, 84 NY2d 574, 580). Concur— Sullivan, J. P., Tom, Wallach, Lerner and Andrias, JJ.

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—Determination of respondent Police Commissioner dated September 15, 1997, terminating petitioner’s employment as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Beatrice Shainswit, JJ, entered March 30, 1998) dismissed, without costs.

The results of the random drug test constitute substantial evidence of petitioner’s possession and use of cocaine, and no basis exists for disturbing respondent’s rejection of petitioner’s explanation of unwitting ingestion “as self-serving and implausible” (see, Matter of Green v Sielaff, 198 AD2d 113). The computerized process by which respondent periodically generates a list of officers for testing has been sustained as random (see, Worrel v Brown, 177 AD2d 446, lv denied 79 NY2d 755), and petitioner’s claim to the contrary is pure speculation. The penalty of dismissal does not shock our sense of fairness (see, Matter of Gordon v Brown, 84 NY2d 574, 580). Concur— Sullivan, J. P., Tom, Wallach, Lerner and Andrias, JJ.

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261 A.D.2d 348, 691 N.Y.S.2d 422, 1999 N.Y. App. Div. LEXIS 5803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-safir-nyappdiv-1999.

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