Young v. City of New York

Appellate Division of the Supreme Court of New York

Young v. City of New York

294 A.D.2d 140, 740 N.Y.S.2d 882, 2002 N.Y. App. Div. LEXIS 4711

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 7, 2002

StatusPublished

This text of 294 A.D.2d 140 (Young v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Young v. City of New York, 294 A.D.2d 140, 740 N.Y.S.2d 882, 2002 N.Y. App. Div. LEXIS 4711 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (William Davis, J.), entered April 5, 2001, which denied and dismissed the petition brought pursuant to CPLR article 78 to annul a determination of respondent New York City Department of Correction to terminate petitioner’s probationary employment, unanimously affirmed, without costs.

Petitioner’s conclusory allegations of bad faith provide no basis to disturb respondent’s determination terminating her probationary employment (see, Matter of Beacham v Brown, 215 AD2d 334). Indeed, far from evidencing bad faith on respondent’s part, the record demonstrates that respondent’s decision to terminate petitioner’s probationary employment was rationally premised upon petitioner’s repeated failure to abide by departmental sick leave policies. Concur—Tom, J.P., Mazzarelli, Buckley, Lerner and Gonzalez, JJ.

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—Judgment, Supreme Court, New York County (William Davis, J.), entered April 5, 2001, which denied and dismissed the petition brought pursuant to CPLR article 78 to annul a determination of respondent New York City Department of Correction to terminate petitioner’s probationary employment, unanimously affirmed, without costs.

Petitioner’s conclusory allegations of bad faith provide no basis to disturb respondent’s determination terminating her probationary employment (see, Matter of Beacham v Brown, 215 AD2d 334). Indeed, far from evidencing bad faith on respondent’s part, the record demonstrates that respondent’s decision to terminate petitioner’s probationary employment was rationally premised upon petitioner’s repeated failure to abide by departmental sick leave policies. Concur—Tom, J.P., Mazzarelli, Buckley, Lerner and Gonzalez, JJ.

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Bluebook (online)

294 A.D.2d 140, 740 N.Y.S.2d 882, 2002 N.Y. App. Div. LEXIS 4711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-city-of-new-york-nyappdiv-2002.

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