72 N.Y.2d 432 (1988)

In the Matter of Phil Caruso, as President of the Patrolmen's Benevolent Association of the City of New York, Inc., et al., Respondents, v. Benjamin Ward, as Police Commissioner of the Police Department of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 25, 1988.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Michael S. Adler and Francis F. Caputo of counsel), for appellants.

Raymond E. Kerno for respondents.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER and HANCOCK, JR., concur with Judge BELLACOSA; Judge KAYE dissents and votes to affirm in a separate opinion in which Judge TITONE concurs.


Members of an elite voluntary corps within the New York City Police Department, the Organized Crime Control Bureau (OCCB), sued the Police Commissioner upon his announcement of a periodic random urinalysis drug-testing program affecting them. The program would require random submission to urinalysis and, thus, differs from the existing unchallenged Department-wide drug-testing program.


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