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In the Matter of Carl Holmes v. Thomas A. Coughlin, as Commissioner of the New York State Department of Correctional Services
Determination unanimously confirmed and petition dismissed. Memorandum: Although the literature concerning the Syva EMIT Drug Detection System Test (EMIT test) was revised by the manufacturer in 1989 to advise that "[a] more specific alternative chemical method must be used to obtain a confirmed 1122 analytical result”, the manufacturer nonetheless continues to assert that the EMIT test remains scientifically valid and reliable with a 99% rate of accuracy.
Therefore, the two positive EMIT drug test results sufficiently support respondents’ determination that petitioner used illegal drugs (see, Matter of Lahey v Kelly, 71 NY2d 135, 143; Matter of McGill v Coughlin, 182 AD2d 1103 [decided herewith]; Matter of Maldonado v Selsky, 162 AD2d 843, 844). (Article 78 Proceeding Transferred by Order of Supreme Court, Livingston County, Cicoria, J.) Present — Callahan, J. P., Boomer, Pine, Lawton and Fallon, JJ.