Opinion
December 28, 1970
Proceeding pursuant to article 78 of the CPLR to annul a determination dismissing petitioner from his position of Patrolman in the employ of respondent New York City Transit Authority. Proceeding dismissed on the merits and determination confirmed, without costs. We agree with petitioner that the constitutional protection against illegal search and seizure is applicable to administrative proceedings ( Matter of Finn's Liq. Shop v. State Liq. Auth., 24 N.Y.2d 647, 654, cert. den. 396 U.S. 840). We think, however, that the Transit Authority's right to inspect the locker it provided to petitioner reasonably extended to all its contents, including the locked box found therein, and that the materials found in the box were properly received in evidence (cf. People v. Overton, 20 N.Y.2d 360, remanded 393 U.S. 85, on rearg., dec. adhered to 24 N.Y.2d 522, appl. for habeas corpus den. sub nom. Overton v. Rieger, 311 F. Supp. 1035; cf. United States v. Donato, 269 F. Supp. 921, affd. 379 F.2d 288; People v. Santos, 31 A.D.2d 508, affd. 25 N.Y.2d 976, cert. den. 397 U.S. 969). Christ, P.J., Munder, Martuscello, Latham and Benjamin, JJ., concur.