Gaudioso v. Schembri

—Determination of respondent Department of Correction dated March 2, 1994, which terminated petitioner from his employment, 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 Sklar, J.], entered July 18, 1994) dismissed, without costs.

Substantial evidence, including the testimony of two chemists confirming the presence of marijuana in petitioner’s urine, supports respondent’s determination that, in violation of departmental rules, petitioner used marijuana. We note…