Claudio v. Abate
Opinion of the Court
—Judgment (denominated an
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.