Nelson v. Abate

205 A.D.2d 454, 613 N.Y.S.2d 889

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 28, 1994
• Status: Published

Opinion

Order, Supreme Court, New York County (Robert Lippmann, J.), entered April 23, 1993, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination terminating petitioner’s probationary employment as a correction officer, unanimously affirmed, without costs.

"It is well settled that a probationary employee may be discharged without a hearing and without a statement of reasons in the absence of any demonstration that dismissal was for a constitutionally impermissible purpose or in violation of statutory or decisional law.” (Matter of York v McGuire, 63 NY2d 760, 761.) The court’s inquiry in this instance is limited to the question of whether the dismissal was in bad faith (Matter of Johnson v Katz, 68 NY2d 649, 650); and the record before this Court offers no support for petitioner’s conclusory allegations that she was terminated due to, or as a result of her participation in the Employee Assistance Program. Indeed, petitioner’s record of excessive absence and lateness was established well before her participation in that program and provided a sufficient basis for her termination (see, Matter of Jones v Sielaff, 189 AD2d 593; Matter of Dolcemaschio v City of New York, 180 AD2d 573, 575). Concur —Sullivan, J. P., Carro, Wallach, Williams and Tom, JJ.