Jones v. New York City Health & Hospitals Corp.

5 A.D.3d 338, 773 N.Y.S.2d 552, 2004 N.Y. App. Div. LEXIS 3540

Opinion

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered July 9, 2002, which granted respondents’ cross motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

The petition, which admits that petitioner had lateness and absenteeism problems while on disciplinary probation, on its face shows a good faith basis for petitioner’s termination, requiring dismissal of the petition (see Matter of Wilson v Bratton, 266 AD2d 140, 142 [1999], citing Matter of Butler v Abate, 204 AD2d 171, 172 [1994]). The effect of such admission of good faith is not negated by petitioner’s other allegations purporting to show bad faith (Matter of Morgan v Safir, 281 AD2d 376 [2001], lv denied 97 NY2d 601 [2001]). Concur—Nardelli, J.P., Tom, Andrias, Saxe and Marlow, JJ.