MATTER OF FULTON v. JACOBSON

Respondent's determination that petitioner used marijuana is supported by substantial evidence consisting of the results of an EMIT drug test as confirmed by a GC-MS test, the testimony of two correction officers and the laboratory director describing the chain of custody of the urine sample, and the testimony of the laboratory director explaining that certain irregularities in the test readings were intended, and had no impact on the validity of the results ( see, Matter of Bonilla v. Kelly, 213 A.D.2d 264). The penalty of dismissal is not so disproportionate to the offense as to be shocking to our sense of fairness ( see, Trotta v. Ward, 77 N.Y.2d 827).

Concur — Sullivan, J.P., Milonas, Ellerin, Williams and Mazzarelli, JJ.