Kane v. Kerik
Opinion of the Court
The court correctly adopted the Special Referee’s report and recommendation, rendered after a hearing, which credited respondents’ testimony and other evidence, and found that petitioner had failed to produce any evidence beyond his own self-serving testimony and self-created memo book. Since petitioner had not completed the one-year probationary period he had agreed to for prior infractions, he was still a probationary employee, subject to summary dismissal without a pretermination hearing (Administrative Code of City of NY § 14-115 [d]; Matter of York v McGuire, 63 NY2d 760 [1984]; Matter of Wilson v Bratton, 266 AD2d 140, 141-142 [1999]). Concur—Andrias, J.P., Sullivan, Gonzalez, Sweeny and Catterson, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.