New York Court of Appeals, 1987

Preddice v. Callanan

New York Court of Appeals · Decided February 12, 1987

69 N.Y.2d 812; 513 N.Y.S.2d 958; 506 N.E.2d 529; 1987 N.Y. LEXIS 15448

Cases that cite this one

27 later published cases cite this decision. The 25 that cite it most often are listed here.

City of Long Beach v. Civil Service Employees Ass'n (N.Y. 2007)
Russo v. White (District Court, S.D. New York 1991)
City of New York v. City Civil Service Commission (New York Supreme Court 1988)
Lee v. Albany-Schoharie-Schenectady-Saratoga Board of Cooperative Educational Services (Appellate Division of the Supreme Court of New York 2010)
Piesco v. City of New York, Dept. of Personnel (District Court, S.D. New York 1990)
City of Rome v. State of New York Public Employment Relations Board (Appellate Division of the Supreme Court of New York 2001)
Perfetto v. Cemetery Board (New York Supreme Court 1995)
Moscowitz v. Brown (District Court, S.D. New York 1994)
Thrasher v. Genesee County Civil Service Commission (Appellate Division of the Supreme Court of New York 1991)
Saraceno v. City of Utica (District Court, N.D. New York 1990)
Mahinda v. Board of Collective Bargaining (Appellate Division of the Supreme Court of New York 2012)
Browne v. City of New York (Appellate Division of the Supreme Court of New York 2007)
City of Long Beach v. Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 2006)
Roberts v. City of New York (Appellate Division of the Supreme Court of New York 2005)
Brown v. City of New York (Appellate Division of the Supreme Court of New York 2001)
Mateo v. Board of Education (Appellate Division of the Supreme Court of New York 2001)
Gulati v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1997)
Sneed v. Hammons (Appellate Division of the Supreme Court of New York 1997)
Igneri v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 1996)
Geoghegan v. Rivera (Appellate Division of the Supreme Court of New York 1995)
Okoro v. City of New York Human Resources Administration (Appellate Division of the Supreme Court of New York 1995)
Roy v. City of New York Department of Health (Appellate Division of the Supreme Court of New York 1994)
Edelman v. Israel (Appellate Division of the Supreme Court of New York 1994)
Romero v. Joseph (Appellate Division of the Supreme Court of New York 1991)
O'Connor v. Frawley (Appellate Division of the Supreme Court of New York 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In this article 78 proceeding, the Appellate Division correctly determined that petitioner was not entitled to reinstatement to his position as a provisional employee with the State Division of Probation and to back pay as a result of a jury determination that he was discharged in bad faith.

Appointments made pursuant to Civil Service Law § 65 are provisional in nature; provisional employees have no expectation of tenure and rights attendant thereto except under the limited circumstances specified in Civil Service Law § 65 (4) (Matter of Becker v New York State Civ. Serv. Commn., 61 *814NY2d 252; Matter of Haynes v County of Chautauqua, 55 NY2d 814) and therefore they may be terminated at any time without charges preferred, a statement of reasons given or a hearing held (Matter of Riggi v Blessing, 9 AD2d 423, affd 10 NY2d 917; Matter of Benon v LaGuardia, 285 NY 560, 561; Ranus v Blum, 96 AD2d 1144, 1145; Matter of Brathwaite v Manhattan Children’s Psychiatric Center, 70 AD2d 810, 811). While other remedies may be available to provisional employees terminated in violation of a constitutional provision or some statute reinstatement and back pay are not available in this case.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.