Opinion
February 21, 1995
Appeal from the Supreme Court, New York County (Stuart Cohen, J.).
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 N.Y.2d 995). The affidavits of petitioner and his half-brother that the half-brother "spiked" petitioner's drink with cocaine the night before the test because petitioner had refused to give the half-brother money, while perhaps sufficient to raise an issue of unknowing ingestion were petitioner a tenured employee (cf., e.g., Matter of Harmon v. New York City Police Dept., 188 A.D.2d 429, lv denied 82 N.Y.2d 652), are insufficient to raise an issue of bad faith necessary to warrant a hearing into the termination of a probationary employee (Matter of Soto v. Koehler, 171 A.D.2d 567, 568, lv denied 78 N.Y.2d 855).
Concur — Wallach, J.P., Rubin, Ross, Asch and Mazzarelli, JJ.