Casey v. New York City Transit Authority

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority Police Department, dated August 31, 1989, which, after a hearing, inter alia, found that the petitioner had wrongfully refused to submit to a fitness for duty test, and imposed the penalty of dismissal.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

We find that there was substantial evidence to support the Hearing Referee’s determination, including the finding that the petitioner wrongfully refused to…