O'Neill v. City of New York

Determination of respondent Fire Department’s Commissioner, dated October 13, 2005, terminating petitioner’s employment as a firefighter, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [William A. Wetzel, J.], entered June 12, 2007), dismissed, without costs.

The penalty of termination for testing positive for marijuana during a random drug test under a zero tolerance policy in effect at the time of the decision does not shock the conscience (see Trotta v Ward, 77 NY2d 827…