DiGaetano v. Sielaff

Appellate Division of the Supreme Court of New York

DiGaetano v. Sielaff

181 A.D.2d 594

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 26, 1992

StatusPublished

This text of 181 A.D.2d 594 (DiGaetano v. Sielaff) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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DiGaetano v. Sielaff, 181 A.D.2d 594 (N.Y. Ct. App. 1992).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Myriam J. Altman, J.), entered November 15, 1991, which denied petitioner’s application for a judgment pursuant to CPLR article 78 annulling respondent’s determination to terminate his probationary employment as a Correction Officer, and granted respondent’s cross-motion to dismiss the petition, unanimously affirmed, without costs.

A probationer’s employment may be terminated at any time during the probationary period, without any statement of reasons or a hearing, and the determination will be upheld unless petitioner demonstrates that he was terminated in bad faith or for an impermissible purpose (Matter of Montero v Lum, 68 NY2d 253, 261). No such showing was made here. Concur — Murphy, P. J., Carro, Ellerin, Asch and Smith, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Myriam J. Altman, J.), entered November 15, 1991, which denied petitioner’s application for a judgment pursuant to CPLR article 78 annulling respondent’s determination to terminate his probationary employment as a Correction Officer, and granted respondent’s cross-motion to dismiss the petition, unanimously affirmed, without costs.

A probationer’s employment may be terminated at any time during the probationary period, without any statement of reasons or a hearing, and the determination will be upheld unless petitioner demonstrates that he was terminated in bad faith or for an impermissible purpose (Matter of Montero v Lum, 68 NY2d 253, 261). No such showing was made here. Concur — Murphy, P. J., Carro, Ellerin, Asch and Smith, JJ.

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181 A.D.2d 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/digaetano-v-sielaff-nyappdiv-1992.

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