MATTER OF GOLDIN v. KELLY

3351, 109751/08.

77 A.D.3d 475 (2010)

908 N.Y.S.2d 678

In the Matter of JON GOLDIN, Appellant, v. RAYMOND W. KELLY, Commissioner of the New York City Police Department, Respondent.

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

Decided October 14, 2010.


Supreme Court erred in not transferring the entire proceeding to this Court, as it raises a question of substantial evidence (CPLR 7804 [g]); hence we vacate the order.

The hearing commissioner and, ultimately, respondent, properly considered the positive results of his random hair drug test. The Court of Appeals has ruled definitively that the NYPD's change in its random drug testing procedures from urinalysis to hair testing was not a mandatory subject of collective...

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