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MATTER OF SMITH v. ABATE

212 A.D.2d 449 (1995)

622 N.Y.S.2d 725

In the Matter of Michael Smith, Appellant, v. Catherine Abate, 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.

February 21, 1995

Petitioner's probationary employment as a correction officer was terminated after he tested positive for cocaine in a random urinalysis test. Such testing is constitutionally permissible (Matter of McKenzie v Jackson, 75 N.Y.2d 995). The affidavits of petitioner and his half-brother that the half-brother "spiked" petitioner's drink with cocaine the night before the test because petitioner...

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