Opinion
Submitted May 11, 2000.
July 31, 2000.
In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority terminating the petitioner's employment as a probationary station agent, the petitioner appeals from a judgment of the Supreme Court, Kings County (Kramer, J.), dated November 23, 1998, which denied the petition and dismissed the proceeding.
Terence A. Bourne, Brooklyn, N.Y., appellant pro se.
Martin B. Schnabel, Brooklyn, N.Y. (Kimberly D. Westcott of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, WILLIAM C. THOMPSON, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The employment of the petitioner, a probationary employee, could be terminated without a hearing provided that the termination was not in bad faith, in violation of statutory or decisional law, or for unconstitutional or illegal reasons (see, Matter of Gulemi v. Bradley, 267 A.D.2d 386; Matter of Green v. Board of Educ., 262 A.D.2d 411; Matter of Williams v. Commissioner of Off. of Mental Health of State of New York, 259 A.D.2d 623; Matter of Wilson v. New York City Tr. Auth., 254 A.D.2d 426). The petitioner has the burden of establishing by competent evidence that his termination was in bad faith or for illegal reasons (see, Matter of Gulemi v. Bradley, supra; Matter of Green v. Board of Educ., supra Matter of Williams v. Commissioner of Off. of Mental Health of State of N.Y., supra; Matter of Leskow v. Office of Ct. Admin., 248 A.D.2d 1004). Speculative, conclusory allegations of bad faith, improper motive, or unlawfulness are insufficient to meet this burden or to warrant a hearing (see, Matter of Leskow v. Office of Ct. Admin., supra; Matter of Thomas v. Abate, 213 A.D.2d 251).
The Supreme Court properly denied the petition based on the evidence of the petitioner's unsatisfactory job performance (see, Matter of Gulemi v. Bradley, supra; Matter of Williams v. Commissioner of Off. of Mental Health of State of N.Y., supra; Matter of Pantaleone v. Jackson, 204 A.D.2d 458; Matter of Feinberg v. Higgins, 199 A.D.2d 266). The petitioner failed to sustain his burden of establishing that his termination was motivated by bad faith or for any other improper reason.
The petitioner's remaining contentions are without merit.