Appellate Division of the Supreme Court of New York, 1995

Claudio v. Abate

Claudio v. Abate
Appellate Division of the Supreme Court of New York · Decided March 7, 1995
213 A.D.2d 188; 624 N.Y.S.2d 809; 1995 N.Y. App. Div. LEXIS 2501
Claudio v. Abate

Opinion of the Court

—Judgment (denominated an *189order), Supreme Court, New York County (Stuart Cohen, J.), entered January 5, 1994, which denied petitioner’s CPLR article 78 petition seeking reinstatement as a probationary employee with retroactive pay to the time of his termination, unanimously affirmed, without costs.

Respondent’s decision to terminate petitioner’s employment as a probationary employee two days before his probationary period expired is not subject to annulment by the court, petitioner having failed to demonstrate the determination was made in bad faith, for a constitutionally impermissible purpose or in violation of statutory or decisional law (Thomas v City of New York, 169 AD2d 496). Indeed, we agree with the IAS Court that the record demonstrated a material basis for respondent’s conclusion that petitioner filed a false report concerning an incident involving excessive force by a fellow correction officer upon an inmate. Concur—Rosenberger, J. P., Ellerin, Wallach and Tom, JJ.

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