Quarles v. Schembri

Appellate Division of the Supreme Court of New York

Quarles v. Schembri

227 A.D.2d 303, 642 N.Y.S.2d 885

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

DecidedMay 21, 1996

StatusPublished

Cited by1 cases

This text of 227 A.D.2d 303 (Quarles v. Schembri) 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

Quarles v. Schembri, 227 A.D.2d 303, 642 N.Y.S.2d 885 (N.Y. Ct. App. 1996).

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Opinion

Determination of respondent Correction Commissioner dated July 11, 1994, which dismissed petitioner from his position as correction 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 [Lewis Friedman, J.], entered March 23, 1995) dismissed, without costs.

The Commissioner’s determination that petitioner ingested cocaine is supported by substantial evidence, including the results of the standard EMIT drug test as confirmed by the standard GCMS test, and the testimony of the laboratory director describing the procedures used to ensure the chain of custody and reliability of the test results (Matter of Fulton v Jacobson, 226 AD2d 215). There is no merit to petitioner’s claim that such testimony was mere speculation as to what transpired with respect to his urine specimen, and that the testimony of those who actually handled the specimen and performed the tests was needed to provide substantial evidence of ingestion (see, People ex rel. Vega v Smith, 66 NY2d 130, 139; Matter of Grossman v Kralik, 217 AD2d 625). The penalty of dismissal does not shock our sense of fairness (Matter of Fulton v Jacobson, supra). Concur — Sullivan, J. P., Milonas, Rubin, Tom and Mazzarelli, JJ.

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Determination of respondent Correction Commissioner dated July 11, 1994, which dismissed petitioner from his position as correction 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 [Lewis Friedman, J.], entered March 23, 1995) dismissed, without costs.

The Commissioner’s determination that petitioner ingested cocaine is supported by substantial evidence, including the results of the standard EMIT drug test as confirmed by the standard GCMS test, and the testimony of the laboratory director describing the procedures used to ensure the chain of custody and reliability of the test results (Matter of Fulton v Jacobson, 226 AD2d 215). There is no merit to petitioner’s claim that such testimony was mere speculation as to what transpired with respect to his urine specimen, and that the testimony of those who actually handled the specimen and performed the tests was needed to provide substantial evidence of ingestion (see, People ex rel. Vega v Smith, 66 NY2d 130, 139; Matter of Grossman v Kralik, 217 AD2d 625). The penalty of dismissal does not shock our sense of fairness (Matter of Fulton v Jacobson, supra). Concur — Sullivan, J. P., Milonas, Rubin, Tom and Mazzarelli, JJ.

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Bluebook (online)

227 A.D.2d 303, 642 N.Y.S.2d 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quarles-v-schembri-nyappdiv-1996.

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