Legal Opinion

McGovern v. Safir

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1999PublishedCited by 3 opinions

1Opinion of the Court

—Determination of respondent Police Commissioner, dated November 14, 1997, which dismissed petitioner from his position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Stanley Parness, J.], entered June 12, 1998) dismissed, without costs.

Petitioner’s positive random drug test results, which petitioner does not dispute, constitute substantial evidence supporting the determination that petitioner possessed and ingested marihuana. There is no basis…

2Cases cited2 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. Gaudioso v. SchembriAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by3 opinions

  1. Williams v. NicolettiAppellate Division of the Supreme Court of the State of New York · 2002
  2. O'Neill v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  3. Kelly v. ScoppettaAppellate Division of the Supreme Court of the State of New York · 2008

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