General
In the Matter of Karen McNeely, Petitioner, v. Allyn R. Sielaff, as Correction Commissioner of the City of New York, et al., Respondents
193 A.D.2d 422598 N.Y.S.2d 946·New York Supreme Court, Appellate Division·1993·NY
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Opinion
In the Matter of Karen McNeely, Petitioner, v Allyn R. Sielaff, as Correction Commissioner of the City of New York, et al., Respondents.
[598 NYS2d 946]
[MAJORITY]
—Determination of respondent Commissioner of Correction, dated November 1, 1991, which dismissed petitioner from her position as a correction officer, is 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 [Leland DeGrasse, J.], entered March 24, 1992), is dismissed, without costs.
The evidence presented by the respondent provides reasonable assurance of the identity and unaltered condition of petitioner’s urine samples (People v Julian, 41 NY2d 340). Thus, the administrative determination was supported by substantial evidence. Concur—Murphy, P. J., Rosenberger, Ross, Asch and Kassal, JJ.