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MATTER OF NELSON v. WARD

170 A.D.2d 415 (1991)

In the Matter of William T. Nelson, Petitioner, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 28, 1991

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...

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