In re Hicks v. City of N.Y

Full title: IN RE GREGORY HICKS, ET AL., Petitioners-Appellants, v. THE CITY OF NEW…

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

Date published: Nov 18, 2003

1 A.D.3d 218 (N.Y. App. Div. 2003)

767 N.Y.S.2d 226

Opinion

2235

November 18, 2003.

Judgment, Supreme Court, New York County (Emily Goodman, J.), entered September 24, 2002, which denied petitioners' joint application brought pursuant to CPLR article 78 to annul respondents' determination dismissing petitioners from their employment as probationary police officers and dismissed the petition, unanimously affirmed, without costs.

Regina Felton, for petitioners-appellants.

Susan Choi-Hausman, for respondents-respondents.

Before: Nardelli, J.P., Tom, Mazzarelli, Marlow, JJ.

Respondents properly dismissed petitioners from their probationary employment when reliable drug tests established that they had used cocaine, and we find no evidence of bad faith or illegality (see Matter of Johnson v. Katz, 68 N.Y.2d 649; Matter of Brown v. City of New York, 250 A.D.2d 546). Petitioners' arguments concerning alleged disparate treatment of a probationary officer claimed to be similarly situated to petitioners are unsupported by the record.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.