O'Neal v. Schembri

212 A.D.2d 369, 622 N.Y.S.2d 32

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 2, 1995
• Status: Published

Opinion

—Judgment, Supreme Court, New York County (Beatrice Shainswit, J.) entered April 29, 1993, which dismissed the probationary officer’s petition for reinstatement or, in the alternative, an evidentiary or name-clearing hearing, unanimously affirmed, without costs.

Petitioner’s bald assertions of bad faith do not entitle him to an evidentiary hearing into the facts surrounding his termination (see, D’Aiuto v Department of Water Resources, 51 AD2d 700, 701). Indeed, the record amply demonstrates a good faith basis for petitioner’s termination. We also note that petitioner is not entitled to a name-clearing hearing because the termination reasons were neither stigmatizing, nor publicly disseminated (see, Matter of Lentlie v Egan, 61 NY2d 874). Concur—Wallach, J. P., Rubin, Kupferman and Tom, JJ.