Substantial evidence, including the testimony of two chemists confirming the presence of marijuana in petitioner's urine, supports respondent's determination that, in violation of departmental rules, petitioner used marijuana. We note that the Administrative Law Judge was in the best position to ascertain the credibility of petitioner's testimony that he had unknowingly ingested marijuana by eating a piece of cake containing the substance (Matter of Berenhaus v Ward
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MATTER OF GAUDIOSO v. SCHEMBRI
221 A.D.2d 165 (1995)
633 N.Y.S.2d 142
In the Matter of Gary Gaudioso, Petitioner, v. Anthony J. Schembri, as Correction Commissioner of City of New York, et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 2, 1995
November 2, 1995
Appellate Division of the Supreme Court of the State of New York, First Department.
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