Matter of Danese v. New York City Tran. Auth

Full title: In the MATTER OF SALVATORE DANESE, Petitioner, v. NEW YORK CITY TRANSIT…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 1998

256 A.D.2d 464 (N.Y. App. Div. 1998)

683 N.Y.S.2d 860

Opinion

December 16, 1998

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

There was substantial evidence to support the determination of the New York City Transit Authority that the petitioner was randomly chosen to submit to drug testing, and that the test results revealed that he was guilty of having ingested cocaine.

Under the circumstances of this case, we do not find the penalty of dismissal to be so disproportionate to the offense as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Canty v. Spooner, 216 A.D.2d 463; Matter of Palette v. City of New York, 208 A.D.2d 427; Matter of Harmon v. New York City Police Dept., 188 A.D.2d 429; Kearse v. Brown, 184 A.D.2d 271).

The petitioner's remaining contentions are without merit.

Rosenblatt, J. P., Ritter, Copertino and Thompson, JJ., concur.