Smith v. Abate

—Judgment, Supreme Court, New York County (Stuart Cohen, J.), entered on or *450about January 5, 1994, which denied petitioner’s application pursuant to CPLR article 78 to annul respondents’ determination terminating petitioner’s employment as a probationary correction officer, and dismissed the petition, unanimously affirmed, without costs.

Petitioner’s probationary employment as a correction officer was terminated after he tested positive for cocaine in a random urinalysis test. Such testing is constitutionally permissible (Matter of McKenzie v Jackson, 75 NY2d 995). The affidavits of petitioner…