Bensoy v. Kelly

Order, Supreme Court, New York County (William A. Wetzel, *248J.), entered March 22, 2004, which denied petitioners’ application to annul respondents’ determination terminating petitioners’ employment as probationary police officers, unanimously affirmed, without costs.

No material issue of fact as to whether respondents terminated petitioners in bad faith is raised by petitioners’ disputed assertion that the positive hair sample drug tests, assertedly the basis for their termination, were tainted by improper collection procedures (see Matter of Nixon v City of New York, 262 AD2d 162, 163 [1999],…