Munich v. City of Lackawanna Department of Public Safety

262 A.D.2d 959, 692 N.Y.S.2d 555, 1999 N.Y. App. Div. LEXIS 7123

Opinion

—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition and annulling the determination terminating petitioner’s employment as a probationary firefighter with respondent City of Lackawanna (City). “It is axiomatic that a probationary employee may be discharged without a hearing and without a statement of the reasons for doing so provided the dismissal was not for a constitutionally impermissible purpose or in violation of statutory or decisional law” (Matter of Park-Cunningham v City of Watertown, 186 AD2d 1027, 1028; see, Matter of Cohen v Koehler, 82 NY2d 882, 884; Matter of York v McGuire, 63 NY2d 760, 761). The false representations by petitioner concerning his residence at the time of his employment with the City provided a sufficient basis for his termination (see, Matter of Castner v Griffith, 226 AD2d 1095; see generally, Matter of Park-Cunningham v City of Watertown, supra; Matter of Macklin v Powell, 107 AD2d 964). (Appeal from Judgment of Supreme Court, Erie County, Mintz, J. — CPLR art 78.) Present — Green, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.