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MATTER OF BASSI v. CITY OF NEW YORK

233 A.D.2d 269 (1996)

650 N.Y.S.2d 542

In the Matter of George Bassi, Petitioner, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 26, 1996

The Commissioner's determination that petitioner used cocaine is supported by substantial evidence consisting of petitioner's admission to such use and the positive results of an August 4, 1994 EMIT and confirmatory GC/MS tests (Matter of Lahey v Kelly, 71 N.Y.2d 135). The August 4, 1994 test was the direct result of petitioner's expulsion from compulsory drug counseling for "non-compliance", and was sufficiently attenuated from...

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