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MATTER OF LUN FUNG v. DAUS

45 A.D.3d 392 (2007)

846 N.Y.S.2d 104

In the Matter of WAI LUN FUNG, Petitioner, v. MATTHEW DAUS, as Chair of the New York City Taxi and Limousine Commission, Respondent.

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

Decided November 15, 2007.

Respondent's finding that petitioner had used an illegal substance was supported by substantial evidence, which included, inter alia, the TLC's outline of the protocol followed by the Doctors Review Service after a sample tests positive for the use of drugs, and a chain of custody form regarding the sample submitted. The administrative law judge's finding that petitioner's testimony regarding his defense of passive smoke inhalation lacked credibility was entitled to great...

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