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MATTER OF RICE v. SIELAFF

181 A.D.2d 502 (1992)

In the Matter of Ellis Rice, Petitioner, v. Allyn R. Sielaff, as Correction Commissioner of The City of New York, et al., Respondents

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

March 12, 1992

Petitioner was charged with refusing a direct order by a superior officer to submit to a urinalysis examination. The undisputed testimony of several Department officials as to petitioner's dilated eyes, perspiring forehead and irrational behavior "clearly supported a reasonable suspicion of drug usage sufficient to support the order that petitioner be tested" (Matter of Jeffrey v Koehler, 166 A.D.2d 356, 357). It being undisputed...

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