McNeely v. Sielaff

Appellate Division of the Supreme Court of New York

McNeely v. Sielaff

193 A.D.2d 422, 598 N.Y.S.2d 946, 1993 N.Y. App. Div. LEXIS 4781

Appellate Division of the Supreme Court of the State of New York·Decided May 11, 1993·Published

Opinion

—Determination of respondent Commissioner of Correction, dated November 1, 1991, which dismissed petitioner from her position as a correction officer, is 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 [423]*423County [Leland DeGrasse, J.], entered March 24, 1992), is dismissed, without costs.

The evidence presented by the respondent provides reasonable assurance of the identity and unaltered condition of petitioner’s urine samples (People v Julian, 41 NY2d 340). Thus, the administrative determination was supported by substantial evidence. Concur—Murphy, P. J., Rosenberger, Ross, Asch and Kassal, JJ.

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—Determination of respondent Commissioner of Correction, dated November 1, 1991, which dismissed petitioner from her position as a correction officer, is 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 [423]*423County [Leland DeGrasse, J.], entered March 24, 1992), is dismissed, without costs.

The evidence presented by the respondent provides reasonable assurance of the identity and unaltered condition of petitioner’s urine samples (People v Julian, 41 NY2d 340). Thus, the administrative determination was supported by substantial evidence. Concur—Murphy, P. J., Rosenberger, Ross, Asch and Kassal, JJ.

McNeely v. Sielaff, 193 A.D.2d 422, 598 N.Y.S.2d 946, 1993 N.Y. App. Div. LEXIS 4781 (N.Y. Ct. App. 1993).

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193 A.D.2d 422 (McNeely v. Sielaff) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.