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MATTER OF FRISCIA v. KELLY

51 A.D.3d 451 (2008)

856 N.Y.S.2d 110

In the Matter of DOMINICK FRISCIA, Petitioner, v. RAYMOND W. KELLY, as Commissioner of the New York City Police Department, et al., Respondents.

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

Decided May 6, 2008.

The administrative determination is supported by substantial evidence (People ex rel. Vega v Smith, 66 N.Y.2d 130 [1985]) that pursuant to random drug-testing procedures, petitioner gave two samples of hair from his head that were subjected to repeated testing by independent laboratories, yielding positive results for the presence of cocaine. This Court may not disturb the administrative...

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