Matter of Nelson

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentFeb 28, 1991
170 A.D.2d 415 (N.Y. App. Div. 1991)

February 28, 1991

Appeal from the Supreme Court, New York County, Diane A. Lebedeff, J.

Based upon our review of the record, we find that substantial evidence exists to support the Commissioner's determination that petitioner wrongfully ingested and possessed cocaine. First, reliable evidence established that petitioner's urine samples tested positive for cocaine. The unrebutted evidence also established that petitioner consented to the December 10, 1987 urine test as a condition of his entering the Department's alcohol treatment program. Therefore, it was unnecessary for respondent to prove that the drug-testing was predicated upon reasonable suspicion of petitioner's drug use.

Concur — Carro, J.P., Milonas, Ellerin, Kupferman and Rubin, JJ.