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MATTER OF BLOUNT v. BRATTON

216 A.D.2d 6 (1995)

627 N.Y.S.2d 375

In the Matter of Ernest E. Blount, Petitioner, v. William J. Bratton, 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.

June 1, 1995

The Commissioner's determination that petitioner failed to supply a urine sample was based on substantial evidence consisting of test results showing that the specimen petitioner submitted for testing contained yellow food dye, not urine. It was within the province of the Commissioner to accept or reject evidence purporting to cast doubt on the accuracy of the test and sequence of events, including petitioner's claim that he did not...

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