Pesante v. Abate

Determination of respondent Correction Commissioner dated May 5, 1993, dismissing petitioner from his position as a correction officer, 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 [Beatrice Shainswit, J.], entered on or about September 29, 1993) dismissed, without costs.

*505It is respondent’s role to assess the credibility of the witnesses and to have otherwise weighed the evidence relating to whether petitioner’s ingestion of cocaine, which was demonstrated by an EMIT test…