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Matter of Blount v. Bratton

Appellate Division of the Supreme Court of New York, First Department
Jun 1, 1995
216 A.D.2d 6 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Supreme Court, New York County [Karla Moskowitz, J.].


The Commissioner's determination that petitioner failed to supply a urine sample was based on substantial evidence consisting of test results showing that the specimen petitioner submitted for testing contained yellow food dye, not urine. It was within the province of the Commissioner to accept or reject evidence purporting to cast doubt on the accuracy of the test and sequence of events, including petitioner's claim that he did not supply colored water instead of urine ( Matter of Bonilla v Kelly, 213 A.D.2d 264; see, Matter of Dice v. Ward, 169 A.D.2d 461). Nor do we find the penalty of dismissal disproportionate to the offense or shocking to one's sense of fairness.

Concur — Rubin, J.P., Kupferman, Asch and Tom, JJ.


Summaries of

Matter of Blount v. Bratton

Appellate Division of the Supreme Court of New York, First Department
Jun 1, 1995
216 A.D.2d 6 (N.Y. App. Div. 1995)
Case details for

Matter of Blount v. Bratton

Case Details

Full title:In the Matter of ERNEST E. BLOUNT, Petitioner, v. WILLIAM J. BRATTON, as…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 6 (N.Y. App. Div. 1995)
627 N.Y.S.2d 375

Citing Cases

In re Gilliam v. N.Y.C. Dept. of Sanitation

" The fact pattern in Blount v Bratton ( 216 AD2d 6 [1st Dept 1995]), is similar to that in the instant…