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MATTER OF AUBIN v. COUNTY OF JEFFERSON

245 A.D.2d 1126 (1997)

667 N.Y.S.2d 530

In the Matter of Daniel Aubin, Petitioner, v. County of Jefferson (Highway Department), Respondent

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

December 31, 1997

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner, a mechanic employed by respondent, County of Jefferson Highway Department (County), was subjected to a random breath alcohol test procedure pursuant to the County's Drug and Alcohol Testing Policy (Policy) for safety sensitive positions. The initial screening test yielded a positive .052 result, and a confirmatory test yielded a positive .047 result. Because the...

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