In Stefandel v. Sielaff, 176 A.D.2d 651 [1st Dept 1994] the petitioner tested positive in a random drug test while he was a probationary corrections officer, and was offered the opportunity to resign rather than be terminated. He subsequently challenged whether his resignation was effective on the grounds that it was coerced. The court found that the Article 78 petition was properly dismissed because there was no determination for the court to review.