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KELLY v. SCOPPETTA

56 A.D.3d 475 (2008)

866 N.Y.S.2d 770

In the Matter of THOMAS KELLY, Petitioner, v. NICHOLAS SCOPPETTA et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 5, 2008.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination that the petitioner knowingly ingested cocaine while employed by the Fire Department of the City of New York (hereinafter the Fire Department) is supported by substantial evidence and therefore may not be set aside (see CPLR 7803 [4]; Matter of McGovern v Safir, 266 A.D.2d 107<...

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