An administrative termination.

The First Department confirmed the Fire Commissioner's termination of petitioner, a former firefighter, and dismissed the proceeding, in Kirk v. City of New York, which was decided on January 3, 2008.

Petitioner tested positive for cocaine during a random drug test, and the Fire Department terminated his employment. Appellate Division found substantial evidence -- the evidentiary standard -- to support the termination, and gave short shrift to petitioner's argument that the Department's random drug testing policy is unconstitutional. Appellate Division also opined that the penalty of termination for substance abuse does not shock the court's conscience.

Appellate Division noted that while alcohol dependency qualifies as a disability under the Human Rights Law, pursuant to Executive Law § 292[21], drug abuse does not. Petitioner failed to establish that his drug abuse was causally related to his alcoholism, and thus did not state a prima facie case of employment discrimination under Executive Law § 296(1).