Guilbe v. New York City Board of Education

Appellate Division of the Supreme Court of New York

Guilbe v. New York City Board of Education

193 A.D.2d 604, 597 N.Y.S.2d 164, 1993 N.Y. App. Div. LEXIS 4552

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

DecidedMay 3, 1993

StatusPublished

Cited by3 cases

This text of 193 A.D.2d 604 (Guilbe v. New York City Board of Education) 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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Guilbe v. New York City Board of Education, 193 A.D.2d 604, 597 N.Y.S.2d 164, 1993 N.Y. App. Div. LEXIS 4552 (N.Y. Ct. App. 1993).

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Opinion

In a proceeding pursuant to CPLR article 78 to compel the respondents to reinstate the petitioner to his employment as a school safety officer, the petitioner appeals from a judgment of the Supreme Court, Kings County (Williams, J.), dated April 9, 1991, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner was not entitled, after his discharge, to a hearing under the collective bargaining agreement. Both parties to that agreement agreed that the phrase "after training” was mistakenly omitted from the printed agreement. With that phrase, the provision in question did not authorize a hearing in the petitioner’s case (see, Chimart Assocs. v Paul, 66 NY2d 570, 573; Harris v Uhlendorf, 24 NY2d 463, 467). Furthermore, because the petitioner was a probationary employee, in the absence of any statutes or rules to the contrary, he could be discharged for any reason that was not arbitrary and capricious and in bad faith (see, Matter of Bonney v Dilworth, 99 AD2d 468; D’Aiuto v Department of Water Resources, 51 AD2d 700). The respondents presented evidence that the petitioner had received unsatisfactory probation reports, and that, on one occasion, he was watching television when he was supposed to be on duty. Therefore, it cannot be said that the discharge of the petitioner was in bad faith.

The petitioner’s other contentions are without merit. Bracken, J. P., Miller, O’Brien and Pizzuto, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel the respondents to reinstate the petitioner to his employment as a school safety officer, the petitioner appeals from a judgment of the Supreme Court, Kings County (Williams, J.), dated April 9, 1991, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner was not entitled, after his discharge, to a hearing under the collective bargaining agreement. Both parties to that agreement agreed that the phrase "after training” was mistakenly omitted from the printed agreement. With that phrase, the provision in question did not authorize a hearing in the petitioner’s case (see, Chimart Assocs. v Paul, 66 NY2d 570, 573; Harris v Uhlendorf, 24 NY2d 463, 467). Furthermore, because the petitioner was a probationary employee, in the absence of any statutes or rules to the contrary, he could be discharged for any reason that was not arbitrary and capricious and in bad faith (see, Matter of Bonney v Dilworth, 99 AD2d 468; D’Aiuto v Department of Water Resources, 51 AD2d 700). The respondents presented evidence that the petitioner had received unsatisfactory probation reports, and that, on one occasion, he was watching television when he was supposed to be on duty. Therefore, it cannot be said that the discharge of the petitioner was in bad faith.

The petitioner’s other contentions are without merit. Bracken, J. P., Miller, O’Brien and Pizzuto, JJ., concur.

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Bluebook (online)

193 A.D.2d 604, 597 N.Y.S.2d 164, 1993 N.Y. App. Div. LEXIS 4552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guilbe-v-new-york-city-board-of-education-nyappdiv-1993.

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