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Matter of DiFiglia v. Ward

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1990
158 A.D.2d 411 (N.Y. App. Div. 1990)

Opinion

February 22, 1990

Appeal from the Supreme Court, New York County (Harold Baer, J.).


Petitioner was appointed to the position of probationary police officer on July 15, 1986 for a period of 18 months. On January 10, 1988, four days prior to the completion of his probationary period, petitioner was arrested in Nassau County following an altercation in a discotheque and charged with assault in the second degree, reckless endangerment in the first degree, obstructing governmental administration and resisting arrest. Petitioner was immediately suspended on January 10, 1988. Twenty-seven days later, he was terminated as a probationary police officer and was informed of the reasons for his termination.

Pursuant to rule 5.2.8 (b) of the Rules and Regulations of the New York City Personnel Director, petitioner's probationary period was extended by virtue of his suspension. Thus, petitioner was still a probationary employee when terminated. Employment of a probationary employee may be terminated at any time without a statement of reason or a hearing (Matter of Anonymous v Codd, 40 N.Y.2d 860). Judicial review of the termination of a probationary employee is limited to an inquiry as to whether the termination was arbitrary, capricious or otherwise made in bad faith (Haberman v Codd, 48 A.D.2d 505, 508).

The record shows that the circumstances leading to petitioner's arrest provided a rational basis for his termination, and it was neither arbitrary nor capricious nor made in bad faith.

Concur — Kupferman, J.P., Ross, Kassal, Smith and Rubin, JJ.


Summaries of

Matter of DiFiglia v. Ward

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1990
158 A.D.2d 411 (N.Y. App. Div. 1990)
Case details for

Matter of DiFiglia v. Ward

Case Details

Full title:In the Matter of MARIO DiFIGLIA, Appellant, v. BENJAMIN WARD, as Police…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 22, 1990

Citations

158 A.D.2d 411 (N.Y. App. Div. 1990)
551 N.Y.S.2d 245