McBride v. Kelly

Determination of respondent Police Commissioner dated August 3, 1993, dismissing 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 [Diane Lebedeff, J.], entered April 7, 1994), dismissed, without costs.

Substantial evidence of petitioner’s ingestion of cocaine was provided by the positive results of two EMIT tests (Matter of Lahey v Kelly, 71 NY2d 135, 138) confirmed by the positive results of two GC/MS tests (Matter of…