Opinion
April 25, 1996
Appeal from the Supreme Court, New York County [Harold Tompkins, J.].
Respondents' determination that petitioner wrongfully possessed and ingested cocaine was based on substantial evidence consisting of the result of the standard EMIT drug test as confirmed by the standard GCMS test ( Matter of Bonilla v. Kelly, 213 A.D.2d 264). The Commissioner was entitled to reject as incredible petitioner's claim that he tested positive for cocaine due to his ingestion of prescription medication that had been tampered with either in the manufacturing process or by the pharmacy that dispensed it. In addition, there was substantial evidence that petitioner knowingly failed to appear for his scheduled drug test and was thereafter absent without leave for his entire tour of duty that day.
Concur — Milonas, J.P., Kupferman, Ross and Tom, JJ.