Opinion
March 21, 1995
Appeal from the Supreme Court, New York County [Diane Lebedeff, J.].
The Commissioner's determination that petitioner used cocaine was based on substantial evidence consisting of the results of the standard EMIT drug test as confirmed by the standard GCMS test (Matter of Lahey v. Kelly, 71 N.Y.2d 135). It was within the province of the Commissioner to accept or reject evidence claimed to cast doubt on the accuracy of the tests, including that purporting to show deficiencies in the chain of custody and behavior inconsistent with use of cocaine (Matter of Dice v Ward, 169 A.D.2d 461; Matter of Jones v. Ward, 166 A.D.2d 323). We have reviewed petitioner's remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Ellerin, Williams and Mazzarelli, JJ.