Opinion
June 13, 1994
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The determination that the petitioner had used a controlled substance in violation of the respondents' regulations is supported by substantial evidence (see, Matter of Lahey v Kelly, 71 N.Y.2d 135; see also, Matter of Berenhaus v. Ward, 70 N.Y.2d 436; Matter of Sammis v. Rivera, 194 A.D.2d 612; CPLR 7803 ). We note that the scientific tests which confirmed the presence of a controlled substance in a sample of the petitioner's urine have been held to be reliable (see, Matter of Lahey v. Kelly, supra; Matter of Joyner v. Abate, 199 A.D.2d 56). Moreover, the penalty of dismissal is not so disproportionate to the nature of the petitioner's offense so as to shock one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Dismissal is not an inappropriate penalty for a transit police officer involved in criminal conduct (see, Matter of Berenhaus v. Ward, supra, at 445). Sullivan, J.P., Balletta, Joy and Friedmann, JJ., concur.