Matter of Hicks v City of New York (2003 NY Slip Op 18411)

Matter of Hicks v City of New York

2003 NY Slip Op 18411 [1 AD3d 218]

November 18, 2003

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 28, 2004

In the Matter of Gregory Hicks et al., Appellants,
v
City of New York et al., Respondents.

— Judgment, Supreme Court, New York County (Emily Goodman, J.), entered September 24, 2002, which denied petitioners' joint application brought pursuant to CPLR article 78 to annul respondents' determination dismissing petitioners from their employment as probationary police officers and dismissed the petition, unanimously affirmed, without costs.

Respondents properly dismissed petitioners from their probationary employment when reliable drug tests established that they had used cocaine, and we find no evidence of bad faith or illegality (see Matter of Johnson v Katz, 68 NY2d 649 [1986]; Matter of Brown v City of New York, 250 AD2d 546 [1998]). Petitioners' arguments concerning alleged disparate treatment of a probationary officer claimed to be similarly situated to petitioners are unsupported by the record. Concur—Nardelli, J.P., Tom, Mazzarelli and Marlow, JJ.