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Matter of Nelson v. Ward

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1991
170 A.D.2d 415 (N.Y. App. Div. 1991)

Opinion

February 28, 1991

Appeal from the Supreme Court, New York County, Diane A. Lebedeff, J.


Based upon our review of the record, we find that substantial evidence exists to support the Commissioner's determination that petitioner wrongfully ingested and possessed cocaine. First, reliable evidence established that petitioner's urine samples tested positive for cocaine. The unrebutted evidence also established that petitioner consented to the December 10, 1987 urine test as a condition of his entering the Department's alcohol treatment program. Therefore, it was unnecessary for respondent to prove that the drug-testing was predicated upon reasonable suspicion of petitioner's drug use.

Concur — Carro, J.P., Milonas, Ellerin, Kupferman and Rubin, JJ.


Summaries of

Matter of Nelson v. Ward

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1991
170 A.D.2d 415 (N.Y. App. Div. 1991)
Case details for

Matter of Nelson v. Ward

Case Details

Full title:In the Matter of WILLIAM T. NELSON, Petitioner, v. BENJAMIN WARD, as…

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

Date published: Feb 28, 1991

Citations

170 A.D.2d 415 (N.Y. App. Div. 1991)