Kelly v. Scoppetta

*476Proceeding pursuant to CPLR article 78 to review a determination of the respondent Fire Commissioner of the City of New York, dated January 2, 2007, which, after a hearing, affirmed a determination of an administrative law judge dated June 9, 2006 that the petitioner was guilty of three charges of misconduct, and terminated his employment as a firefighter with the Fire Department of the City of New York.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination that the petitioner knowingly ingested cocaine…