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MATTER OF McKENZIE v. JACKSON

75 N.Y.2d 995 (1990)

In the Matter of Larry E. McKenzie, Jr., Appellant, v. Norwood E. Jackson, as Commissioner of the Westchester County Department of Correction, Respondent.

Court of Appeals of the State of New York.

Decided May 8, 1990.

Attorney(s) appearing for the Case

Robert David Goodstein for appellant.

Marilyn J. Slaatten, County Attorney (Carol L. Van Scoyoc of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner was dismissed from his position as a probationary correction officer by respondent Commissioner of the Westchester County Department of Correction, after testing positive for cannibis in a random urinalysis test conducted in the seventh month of his 12-month period of probation. The test was mandated by the Department's policy of requiring probationary correction officers...

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