Ferone v. Koehler

Appellate Division of the Supreme Court of New York

Ferone v. Koehler

160 A.D.2d 572, 554 N.Y.S.2d 526, 1990 N.Y. App. Div. LEXIS 4642

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

DecidedApril 24, 1990

StatusPublished

Cited by3 cases

This text of 160 A.D.2d 572 (Ferone v. Koehler) 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.

Bluebook

Ferone v. Koehler, 160 A.D.2d 572, 554 N.Y.S.2d 526, 1990 N.Y. App. Div. LEXIS 4642 (N.Y. Ct. App. 1990).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered January 30, 1989, which dismissed the petition, pursuant to CPLR article 78, seeking to annul respondent’s determination, dated June 28, 1988, terminating petitioner’s employment, unanimously affirmed, without costs.

Petitioner was appointed a New York City correction officer on July 2, 1987 subject to the satisfactory completion of a probation period. On June 28, 1988, he was advised that his employment would be terminated as of July 1, 1988. At the time, the petitioner’s personnel record indicated numerous absences, latenesses, and two incidents, one resulting in departmental discipline.

Petitioner contends that his termination was arbitrary, capricious and discriminatory because of a physical handicap. The record, however, contains numerous factors supporting respondent’s determination and providing a rational basis for his termination as a probationary employee. A probationary employee may be discharged without a hearing and without a statement of reasons and such discharge will not be disturbed unless shown to have been for an improper or constitutionally impermissible reason or to have been made in bad faith. (Matter of York v McGuire, 99 AD2d 1023, affd 63 NY2d 760.) No such showing has been made by the petitioner. Concur— Kupferman, J. P., Ross, Rosenberger and Wallach, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered January 30, 1989, which dismissed the petition, pursuant to CPLR article 78, seeking to annul respondent’s determination, dated June 28, 1988, terminating petitioner’s employment, unanimously affirmed, without costs.

Petitioner was appointed a New York City correction officer on July 2, 1987 subject to the satisfactory completion of a probation period. On June 28, 1988, he was advised that his employment would be terminated as of July 1, 1988. At the time, the petitioner’s personnel record indicated numerous absences, latenesses, and two incidents, one resulting in departmental discipline.

Petitioner contends that his termination was arbitrary, capricious and discriminatory because of a physical handicap. The record, however, contains numerous factors supporting respondent’s determination and providing a rational basis for his termination as a probationary employee. A probationary employee may be discharged without a hearing and without a statement of reasons and such discharge will not be disturbed unless shown to have been for an improper or constitutionally impermissible reason or to have been made in bad faith. (Matter of York v McGuire, 99 AD2d 1023, affd 63 NY2d 760.) No such showing has been made by the petitioner. Concur— Kupferman, J. P., Ross, Rosenberger and Wallach, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

160 A.D.2d 572, 554 N.Y.S.2d 526, 1990 N.Y. App. Div. LEXIS 4642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferone-v-koehler-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack