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MATTER OF SHAW v. SIELAFF

191 A.D.2d 284 (1993)

595 N.Y.S.2d 685

In the Matter of Tyrone Shaw, 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 16, 1993

The petitioner was randomly selected to provide a urine sample for drug testing. He tested positive, but testified he unknowingly and innocently ingested tainted medication and suggested a superior officer tainted his medication. Petitioner now urges that he established an affirmative defense to the charge, but we find no reason to disturb the credibility findings of the Hearing Officer (see, Matter of Harmon v New York City Police Dept., 188...

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