Opinion
March 15, 1990
Appeal from the Supreme Court, New York County (David B. Saxe, J.).
Petitioner's claim that respondents lacked a reasonable basis for suspecting him of drug use is without merit. Petitioner's own handwritten, notarized letter of September 17, 1987, together with the allegation of drug use made by his commonlaw wife, was sufficient to provide a reasonable basis for ordering the drug test (Matter of King v McMickens, 120 A.D.2d 351, affd 69 N.Y.2d 840). Petitioner tested positive for drug use and his only defense was that he never knowingly ingested cocaine or other drugs. However, the testimony of his girlfriend, that she slipped cocaine into his soft drink when petitioner came to visit her a few days before his drug test, was rejected by the Hearing Officer as not credible. The substantial, uncontested evidence clearly supports the Hearing Officer's determination that petitioner was guilty of the charges preferred against him and, thus, is not subject to further judicial review. (Matter of Silberfarb v Board of Coop. Educ. Servs., 60 N.Y.2d 979; Matter of Reingold v Koch, 111 A.D.2d 688 [1st Dept], affd 66 N.Y.2d 994. )
Concur — Murphy, P.J., Kupferman, Ross, Asch and Rubin, JJ.