Opinion
Submitted June 7, 2001.
July 2, 2001.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Village of East Hills, dated August 20, 1999, terminating the petitioner's employment as a motor equipment operator in the Department of Sanitation, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Lally, J.), dated April 10, 2000, which denied the petition and dismissed the proceeding.
Wolin Wolin, Jericho, N.Y. (Alan E. Wolin of counsel), for appellant.
O'Melveny Myers LLP, New York, N.Y. (Samuel S. Shaulson and Dana Silber McMahon of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., HOWARD MILLER, NANCY E. SMITH, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed, with costs.
The determination of the respondent Village of East Hills terminating the petitioner's employment was not arbitrary or capricious, as it had a rational basis (see, Matter of Macina v. North Salem Cent. School Dist., 221 A.D.2d 538, 539; Matter of Atkinson v. Koch, 161 A.D.2d 152).
ALTMAN, J.P., H. MILLER, SMITH and COZIER, JJ., concur.