Randall v. Safir

271 A.D.2d 348, 708 N.Y.S.2d 282, 2000 N.Y. App. Div. LEXIS 4576

Opinion

—Order and judgment (one paper), Supreme Court, New York County (Louis York, J.), entered on or about November 19, 1999, which denied petitioner’s application made pursuant to CPLR article 78 to annul respondent’s determination terminating petitioner’s employment as a probationary police officer, and dismissed the petition, unanimously affirmed, without costs.

This Court has rejected the argument that McKinney’s Unconsolidated Laws of NY § 891 (L 1940, ch 834) precludes a probationary employee from being terminated without a hearing (Matter of Williams v Safir, 265 AD2d 182, lv denied 94 NY2d 758), and we see no reason to depart from that holding. Concur — Williams, J. P., Mazzarelli, Rubin, Buckley and Friedman, JJ.