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DELARABA v. POLICE DEPT.

83 N.Y.2d 367 (1994)

632 N.E.2d 1251

610 N.Y.S.2d 928

In the Matter of Gary Delaraba, as President of the Police Benevolent Association of the Police Department of the County of Nassau, Inc., Respondent, v. Nassau County Police Department et al., Appellants.

Court of Appeals of the State of New York.

Decided March 22, 1994.

Attorney(s) appearing for the Case

Bee & Eisman, Mineola (Peter A. Bee and Mitchell P. Klein of counsel), for appellants.

Solomon Richman Greenberg, P. C., Lake Success (Theodore C. Richman, Harry Greenberg and Robert J. Burzichelli of counsel), for respondent.

Paul A. Crotty, Corporation Counsel of New York City (Michael S. Adler and Francis F. Caputo of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and LEVINE concur; Judge TITONE taking no part.

CIPARICK, J.

The question this Court confronts is whether the frequency with which a random drug testing program is conducted can render the plan unconstitutional on the grounds that it is unreasonably intrusive and subjects the affected members' reasonable expectation of privacy to unregulated discretion.

I.

The Commissioner of Police of the Nassau County Police Department, pursuant to 1989...

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