Matter of Lumezi v. Bratton

Determination of respondent Police Commissioner, dated June 16, 2015, after a hearing, dismissing petitioner from the Police Department, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Shlomo Hagler, J.], entered December 4, 2015), dismissed, without costs.

The determination that petitioner ingested cocaine is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). Pursuant to department drug-testing procedures, in connection with petitioner’s application to the Highway Unit, three samples of hair from his arm were subjected to repeated testing by independent laboratories and yielded positive results for the presence of cocaine.

The penalty imposed does not shock our sense of fairness (see Matter of Jones v Kelly, 111 AD3d 415 [1st Dept 2013]).