Rollick v. Ambach
Opinion of the Court
Appeal from a judgment of the Supreme Court at Special Term (Torraca, J.), entered March 11, 1983 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, for reinstatement to his position as a campus security officer with respondent State University of New York at Stony Brook. Although his supervisors rated his job performance during probationary periods as a campus security officer as “excellent”, petitioner, a July, 1981 appointee at the State University of New York at Stony Brook, was terminated upon direct order of the director of the Department of Public Safety. Special Term granted petitioner’s CPLR article 78 petition to annul the determination as arbitrary, finding that it had been made with little, if any, knowledge or information upon which to base a rational conclusion that petitioner was not suitable for the position, and ordered reinstatement. On this appeal, respondents correctly argue that the final decision on whether to discharge a probationary employee without a hearing, charges, or specific reasons rests with the director (see Matter of De Milio v Borghard, 55 NY2d 216, 221; see, also, Matter of Lentlie v Egan, 94 AD2d 839). This well-recognized principle applies unless a question of the director’s bad faith is sufficiently raised, in which event a hearing is required (Matter of Perry v Blair, 49 AD2d 309, 313; Matter of Reeves v Golar, 45 AD2d 163, 165; see Matter of Wilborn v Starr, 58 AD2d 785). Judicial review is limited to an examination of whether the record demonstrates support for
Case-law data current through December 31, 2025. Source: CourtListener bulk data.