Opinion

Gordon v. Brown

  • 197 A.D.2d 475
  • 603 N.Y.S.2d 3
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 26, 1993
Status
Published
Cited by
0 cases
Authority
More cited than 2.2%

The opinion

—Determination of respondent Commissioner, dated January 30, 1992, which dismissed petitioner from the Police Department, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR *476 article 78 (transferred to this Court by order of the Supreme Court, New York County, William P. McCooe, J., entered on or about July 21, 1992), dismissed, without costs.

Petitioner received a fair hearing since he had the opportunity to cross-examine the witnesses giving material testimony against him (cf., Matter of Erdman v Ingraham, 28 AD2d 5 ). There is no need for the respondent to make available the people who actually performed the tests since EMIT and GCMS tests are reliable indicators of drug use (Matter of Shepard v Ward, 155 AD2d 293 ).

We have considered petitioner’s remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Wallach, Kupferman and Nardelli, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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