Matter of Lumezi v. Bratton

Appellate Division of the Supreme Court of New York

Matter of Lumezi v. Bratton

2017 NY Slip Op 1287, 147 A.D.3d 566, 46 N.Y.S.3d 799

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

DecidedFebruary 16, 2017

Docket101279/15

StatusPublished

Cited by3 cases

This text of 2017 NY Slip Op 1287 (Matter of Lumezi v. Bratton) 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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Matter of Lumezi v. Bratton, 2017 NY Slip Op 1287, 147 A.D.3d 566, 46 N.Y.S.3d 799 (N.Y. Ct. App. 2017).

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Opinion

Determination of respondent Police Commissioner, dated June 16, 2015, after a hearing, dismissing petitioner from the Police Department, 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 [Shlomo Hagler, J.], entered December 4, 2015), dismissed, without costs.

The determination that petitioner ingested cocaine is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). Pursuant to department drug-testing procedures, in connection with petitioner’s application to the Highway Unit, three samples of hair from his arm were subjected to repeated testing by independent laboratories and yielded positive results for the presence of cocaine.

The penalty imposed does not shock our sense of fairness (see Matter of Jones v Kelly, 111 AD3d 415 [1st Dept 2013]).

Concur — Richter, J.P., Manzanet-Daniels, Gische, Webber and Kahn, JJ.

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Determination of respondent Police Commissioner, dated June 16, 2015, after a hearing, dismissing petitioner from the Police Department, 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 [Shlomo Hagler, J.], entered December 4, 2015), dismissed, without costs.

The determination that petitioner ingested cocaine is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). Pursuant to department drug-testing procedures, in connection with petitioner’s application to the Highway Unit, three samples of hair from his arm were subjected to repeated testing by independent laboratories and yielded positive results for the presence of cocaine.

The penalty imposed does not shock our sense of fairness (see Matter of Jones v Kelly, 111 AD3d 415 [1st Dept 2013]).

Concur — Richter, J.P., Manzanet-Daniels, Gische, Webber and Kahn, JJ.

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Bluebook (online)

2017 NY Slip Op 1287, 147 A.D.3d 566, 46 N.Y.S.3d 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-lumezi-v-bratton-nyappdiv-2017.

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